Australian Company Law Essay Example | Topics and Well Written Essays - 3750 words

Australian Company Law - Essay Example In the case of The Congregation of the Religious Sisters of Charity of Australia & Ors v The Attorney General in and for the State of Queensland [2011] QSC 100 , the Bedford Trust was a gift of land made by Mary Josephine Bedford in February 1952 to the Religious Sisters of Charity of Australia for the purpose of building of a hospice for the â€Å"sick and dying who are poor†, to be called Mount Olivet Hospice. It was also to be built to commemorate the life and work of Dr. Lillian Cooper. 2. What terms of the trust were not being fulfilled? - The evidence establishes that the terms of the trust are not presently being fulfilled in two substantial respects. First, the Mount Olivet Hospital now does not only provide palliative care but more general care. Secondly, admission is not restricted to those who are â€Å"poor†. 3. What was the applicant seeking from the Court? - The applicants sought Declarations concerning the purpose and structure of the Bedford Trust, Orders under s 106 of the Trusts Act 1973 and Orders relieving the applicants from liability for breaches of the Bedford Trust. 4. What breaches of the Bedford Trust had occurred? - No funds were transferred when the trust was settled, and the Congregation became responsible for meeting the costs of both building and operating the hospice on the land which had been donated by Miss Bedford. 5. Were the terms of the trust altered? Explain - Section 105 of the Trusts Act provides: â€Å"105 Occasions for applying property cy pres (1) Subject to subsection (2), the circumstances in which the original purposes of a charitable trust can be altered to allow the property given or part of it to be applied cy pres shall be as follows— (a) where the original purposes, in whole or in part— (i) have been as far as may be fulfilled; or (ii) can not be carried out; or (iii) can not be carried out according to the directions given and to the spirit of the trust; (b) where the original purposes provide a use for part only of the property available by virtue of the trust; (c) where the property available by virtue of the trust and other property applicable for si milar purposes can be more effectively used in conjunction, and to that end can suitably, regard being had to the spirit of the trust, be made applicable to common purposes; (d) where the original purposes were laid down by reference to an area which then was but has since ceased to be a unit for some other purpose, or by reference to a class of persons or to an area which has for any reason since ceased to be suitable, regard being had to the spirit of the trust, or to be practical in administering the trust; (e) where the original purposes, in whole or in part, have, since they were laid down— (i) been adequately provided for by other means; or (ii) ceased, as being useless or harmful to the community or for other reasons, to be in law charitable; or (iii) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust. (2) Subsection (1) shall not affect the conditions wh ich must be satisfied in order that property given for charitable purposes may be applied cy pres, except in so far as those conditions require a failure of the original purposes. (3) References in subsections (1) and (2) to the original purposes of a trust shall be construed, where the application of the property given

History Early Christians Essay Example | Topics and Well Written Essays - 3500 words

History Early Christians - Essay Example Agnes shows the image of Mary placed between St. Peter and St. Paul with her arms extended towards the two saints. The increased interest in the Virgin Mary that was evident during the catacombs came about as a result of a new doctrine by the Church Fathers who represented the Virgin Mary as the â€Å"New Eve†. The church fathers taught that just in the same way that Eve had played an important role in bringing the downfall of Adam, the Virgin Mary as the New Eve had played an important role in the redemptive ministry of Jesus who was seen as the new Adam. According to this teaching, both Eve and Mary had played secondary but significant roles in the lives of Adam and Jesus2. Ideally, this understanding was not popular in the Apostolic church and hence the reason why there was little art depicting the Virgin Mary in the earlier period. Although Mary had been recognized in earlier literature within the church, the assumption by the Church Fathers that she participated in the work of Salvation with Jesus Christ had given her new status within the church. By the 3rd century, most people within the church had accepted the Virgin Mary under the title â€Å"Mother of God† even though this title had not been solemnized until two centuries later. Under this new status, praying directly to Mary was no longer seen as idolatry but rather as a spiritual communication with God3. By the time the Council of Ephesus was convened in 431 A.D., where the Virgin Mary was officially christened as the â€Å"Mother of God† there were numerous cathedrals that had been dedicated to her name in most parts of Rome and Jerusalem and this was also the time within which art was also developing. After the Council of Ephesus, the went through a flourishing period of dedication to the Blessed Virgin in most parts of the East and the West and the quantity of this dedication was mostly brought out through art. This devotion