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improved, needed some sort of assistance• Eg Can be providing medical assistance, money, food, soup kitchens all sortsof things can be for the relief of poverty-No geographical limitation• Can be anywhere eg SudanAdvancement of education-Preamble has reference to scholars-Mustadvance learninganddissemination of knowledgeRe Shaw-Eg Paying salary for professors, schools, all manners of things have qualified forthe title of advancement of education-Is research covered?Re Hopkins Will TrustoDoubt-Education is used in a wide sense (Re Hopkins)oCould 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 ofcommunicable knowledge’ (Re Hopkinsper Lord Wilberforce)-Sport:oPromotion of sports is not necessarily charitablebutif it is connected to aneducation facility then it will be a charitable purpose (IRC v McMullen)-For court, not settlor/testator, todecideifpurpose has any educative valueoRe Shaw; Re Pinion-Mustbenefit the public or a section of the publicoRe ComptonoOppenheimRe Hopkins Will TrustFacts:-Trust to disprove a theory re: Shakespeare’s playHeld Lord Wilberforce:-Validas theconclusion of researchwould bebeneficial to the education ofcommunity-Education must be used in awide sense-Research must be either:
128oOfeducational valueto theresearcheroromust be so directed as tolead to somethingwhich willpass into the storeofeducational materialoroas toimprove the sumofcommunicable knowledgein anareawhicheducation may coverRe ShawFacts:-Re will: wanted atrust to set upon theidea of a new alphabetHeld:-Not a charitable purpose-Would lead to increased knowledge rather than education-Amounted to propaganda concerning a controversial matter, which was not acharitable by analogy with trusts for political purposeoHowever, political purposes in Australia are no longer automatically invalid inAustraliaRe PinionFacts:-Painter left studio to national trust in England for it to be used as a museum forpeople to learn about painting-Expert evidence bought to demonstrate that the studio was not worth anything andthe painter was not a very successful painterHeld:-Did not satisfy the advancement of education as it was not worth anythingoWorthless-‘No member of the public will ever extract one iota of education from thedisposition’-If not worth anything, look at expert evidence and then public benefit-Value judgment. Famous painter treated well, random: not.Advancement of religion1.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; andoDoesn’t cover all things. EgChinese ancestor worship.