ABSTRACT
Since the Court of Chancery first acknowledged the legitimacy of charitable trusts, the question of proper enforcement mechanisms has remained unresolved. Extensive scholarly work has explored the roles of settlors, designated enforcers, the Attorney-General, and public regulators in overseeing the enforcement of charitable trusts. However, there is a paucity of analysis concerning the role of charitable trust objects in this process. These objects include potential objects, who are intended to benefit from the trust, and past objects, who have already benefited in line with the trust’s purpose. The public law nature of charitable trusts justifies the application of a liberal standing rule. Allowing charitable trust objects to initiate legal action in certain circumstances is consistent with this liberal approach. Against this backdrop, this article examines the enforcement of charitable trusts from the perspective of charitable trust objects. It analyses case law and legislation across all Australian jurisdictions, highlighting the inconsistencies and debates within each jurisdiction’s current legal framework. Furthermore, the article adopts a comparative law approach, drawing insights from the experiences of English and American charitable trusts.
€ (Westlaw)
Hui Jing, ‘The unseen enforcers: charitable trust objects in Australia’ (2025) 44(4) Civil Justice Quarterly 268-296.
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