Australian LAW and Equity- Charitable Trusts Essay Example

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Australian Law and Equity

Charity is a confusing expression, competent of being understood to cover numerous states of affairs. To support assurance in its relevance, the uncertainty of more than a hundred years of judicial analysis requires to be elucidating by the governing body, conveying the clarity in line with current Australian collective principles. The recent description anticipated by the inquisition into the classification of charity and connected organisations absolutely slots in the fashionable significance of charity as compassionate, humanitarian and unselfish, and concentrates on the irregularities (like the arrangement of thoughtful religious instructions) that made the previous meaning seem so synthetic. The recent description will still necessitate proper understanding by the courts in the application of the laws to current factual situations.1 The courts will no longer require searching for corresponding circumstances in a prehistoric and outdated act to categorize a point as charitable. This implies that a repeat of a similar verdict or decision as in Gilmour v. Coates [1949] AC 426 will never take place in the current courts.2

This investigative check or research tries to find the connection between law and religion by means of a socio-legal representation. The research will seek to summarize theoretical situations regarding the association between law and religion with indication to collective social hypothesis to investigate how the affiliation has transformed over time.3 The Australian Government and constitution prohibits any interference or discrimination against the freedom of religion.4 According to a recent census conducted in Australia, 64% of the population was discovered to be consisting of Christians. Historically, this percentage shows an increment in the number of Christians thus reflecting the civilizing assortment of the nation. This has resulted in the inclusion of Christian affiliated festivals in the governments’ calendar and they are celebrated as holidays. Islam, Jews, Hindus, Buddhism and non-Christian affiliated organisations experience rapid growth in the modern Australia due to increased inter cultural involvement and protection by the Australian law.5

In Australia, the division of state and the church is the real meaning of secularism. With respect to Section 116 of Australia’s statute, («The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance …»), it is normally supposed that Australia is by now a «secular state» which is in general a false impression. In 1981, the Supreme Court concluded that there is actually no legitimate division of state and the church in Australia. Secularization can be defined as the revolution of the public from close recognition with spiritual values and organizations toward unspiritual principles and worldly institutions. Rationalization and modernization are the key aspects that make religion to lose its influence in all phases of societal existence and supremacy.6

Secularization in Australia does not fall in line with the recent religious demography. The percentage increase and already existing percentage of non religious individuals according to the recent census was found to be very low. The results of the outcome registered are the fact that freedom of religion is an amended act in the Australian constitution. The occurrence of immigration in Australia results to mutual understanding among the individuals. This further facilitates diversity in cultures and religion thus limiting the number of non-religious people due to availability of religious based options.7


Hudson A, Equity and Trust (2009)1005

Pont D, Equity and Trust in Australia (2010)77

Halloran K, Charity law and social inclusion (2007)100

Ramjohn M, Cases and Materials on Equity and Trusts (4thed, 2008)353

University of Canberra, Australian journal of corporate law (5th ed, 1995)69

Baxt R, An annual survey of Australian law ( 7th ed,1993)35

1 Hudson A, (2009)1005

2 Ramjohn M, (4thed, 2008)353

4 Baxt R, (7th ed,1993)35

5 Pont D, (2010)77

6 Halloran K, (2007)100

7 University of Canberra, (5th ed, 1995)69