improved needed some sort of assistance Eg Can be providing medical assistance

Improved needed some sort of assistance eg can be

This preview shows page 127 - 129 out of 180 pages.

improved, needed some sort of assistance Eg Can be providing medical assistance, money, food, soup kitchens all sorts of things can be for the relief of poverty - No geographical limitation Can be anywhere eg Sudan Advancement of education - Preamble has reference to scholars - Must advance learning and dissemination of knowledge Re Shaw - Eg Paying salary for professors, schools, all manners of things have qualified for the title of advancement of education - Is research covered? Re Hopkins Will Trust o Doubt - Education is used in a wide sense ( Re Hopkins ) o Could cover formal or informal education, scholarships and prizes, educational facilities, drama, fine arts and moneys for research - Must be of ‘educational value to the researcher’ or ‘improve the sum of communicable knowledge’ ( Re Hopkins per Lord Wilberforce ) - Sport: o Promotion of sports is not necessarily charitable but if it is connected to an education facility then it will be a charitable purpose ( IRC v McMullen) - For court , not settlor/testator, to decide if purpose has any educative value o Re Shaw; Re Pinion - Must benefit the public or a section of the public o Re Compton o Oppenheim Re Hopkins Will Trust Facts: - Trust to disprove a theory re: Shakespeare’s play Held Lord Wilberforce: - Valid as the conclusion of research would be beneficial to the education of community - Education must be used in a wide sense - Research must be either:
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128 o Of educational value to the researcher or o must be so directed as to lead to something which will pass into the store of educational material or o as to improve the sum of communicable knowledge in an area which education may cover Re Shaw Facts: - Re will: wanted a trust to set up on the idea of a new alphabet Held: - Not a charitable purpose - Would lead to increased knowledge rather than education - Amounted to propaganda concerning a controversial matter, which was not a charitable by analogy with trusts for political purpose o However, political purposes in Australia are no longer automatically invalid in Australia Re Pinion Facts: - Painter left studio to national trust in England for it to be used as a museum for people to learn about painting - Expert evidence bought to demonstrate that the studio was not worth anything and the painter was not a very successful painter Held: - Did not satisfy the advancement of education as it was not worth anything o Worthless - ‘No member of the public will ever extract one iota of education from the disposition’ - If not worth anything, look at expert evidence and then public benefit - Value judgment. Famous painter treated well, random: not. Advancement of religion 1. What is religion? The Church of the New Faith v Commissioner for Pay-Roll Tax (Vic) Issue: - What is a religion? Dominant view per Mason and Brennan: - first, belief in a supernatural Being , Thing or Principle; and o Doesn’t cover all things. Eg Chinese ancestor worship.
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