Assistance of the Courts

If Members and Beneficiaries of any Government Regulated Superannuation Fund suspect that there Trustee is not administering their Fund strictly in accordance with the Trust Deed and properly executed Deeds of Variation the Members and Beneficiaries can seek the assistance of the Supreme Court in the state in which the Fund was established.

Since the Superannuation Complaints Tribunal only has jurisdiction when Trustees act within power of the Trust Instrument, the Tribunal should advise Complainants of this means of redress.

In Victoria beneficiaries of any trust can seek a “true construction” of the Trust Deed and Rules under Order 54.02 of the Supreme Court (General Civil Procedure) Rules 2005.The Trustee Acts in other states provide similar provisions. In NSW Section 63 of the Trustee Act 1925.

Since an Order 54.02 is for the welfare of the beneficiaries legal costs for both the Trustee and the beneficiaries is generally awarded out of the assets of the fund.

McDonald v Horn [1995] 1 All ER 961

See case summary here.

Re Buckton [1907] 2 Ch 406

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