Melbourne Law School - Research Publications

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Property, contract, and the forged registered mortgage

Harding, M ( 2010)
OVERRULING IN THE HIGH COURT OF AUSTRALIA IN COMMON LAW CASES

Harding, M ; Malkin, I (MELBOURNE UNIV LAW REVIEW ASSOC, 2010)
Distinguishing Government from Charity in Australian Law

Harding, M (SYDNEY LAW SCH, 2009-12)
Manifesting trust

HARDING, M. ( 2009)
Trusts for Religious Purposes and the Question of Public Benefit

Harding, M (WILEY-BLACKWELL, 2008-03)

It is a well‐established principle that no trust may be regarded as charitable in law unless carrying out its purposes will benefit the public. Trusts for religious purposes have traditionally been presumed by courts to be for the public benefit. However, the presumption of public benefit will be removed from the law in early 2008 when section 3(2) of the Charities Act 2006 comes into force. At that time, two questions are likely to attract interest. First, to what extent, and in what ways, has the application of a presumption of public benefit assisted courts up to now? Secondly, without the assistance of the presumption, how might courts go about ascertaining whether the public will benefit in future cases? The article takes up these two questions with respect to trusts for religious purposes.