ENDOWMENTS OTHER THAN THOSE OF PRIZES, EXHIBITION AND SCHOLARSHIPS Chapter R7 - Contents REGULATIONSO FCOUNCI L VOLUME2 Chapter R7 Endowments Other Than Those of Prizes, Exhibitions and Scholarships

CONTENTS

R7.1 Mathison Lectures R7.2 Guy Miller Tutorship in Operative Surgery R7.3 1920 Appeal Fund [Revoked] R7.4 Nervous System Research Fund R7.5 The Beattie Smith Lectures R7.6 Clinical Research Fund R7.7 Samuel Gillott Bequest R7.8 John Hugh Sutton Memorial R7.9 Sidney Myer University Trust R7.10 Edward Wilson Chair of Obstetrics Trust R7.11 Dental Research Fund [Repealed] R7.12 F.A. Kernot Bequest R7.13 Thalia Roche Memorial R7.14 Supreme Court Library Fund R7.15 Ritchie Memorial R7.16 Medical Research Committee [Revoked; now see Regulation 5.1.R2 under Statute 5.1.7] R7.17 The Arthur Norman Smith Lectureship in Journalism R7.18 The Sidney Myer Melbourne Symphony Orchestra Trust R7.19 Melbourne Symphony Orchestra Endowment Fund R7.20 Research Professorship in Medical Biology R7.21 The Truby Williams Chair of Economics Fund R7.22 Francis Haley Bequest R7.23 Marian Barrett Bequest R7.24 Herald Chair of Fine Arts R7.25 Lady Masson Memorial Lectureship R7.26 Niel Walter Black Fund [Revoked27/4/2009] R7.27 William Sutherland Anthropological Fund R7.28 Library Endowment Fund R7.29 Percy Grainger Fund R7.30 W.P. Greene Bequest R7.31 B.M.A. Fund R7.32 The Graham Endowment Fund R7.33 Sir William Brunton Memorial Fund R7.34 Memorial Fund R7.35 Helen Mackie Endowment Fund R7.36 Caroline Caddey Fund R7.37 Truby Williams Conservatorium Endowment R7.38 Hebden Medical Research Fund R7.39 Frank Wilmot Memorial Fund R7.40 A.E. Bayne Bequest R7.41 J.N. Peters Bequest R7.42 . The Halford Oration R7.43 The Harold Ford Chair of Commercial Law Fund R7.44 Lockie Bequest R7.45 Mollie Magdalene Warren Hoffmeyer Fund R7.46 The King George VI Memorial Fund R7.47 The James Parker Fund R7.48 International Affairs Research and Lecture Fund [Repealed] ENDOWMENTS OTHER THAN THOSE OF PRIZES, Chapter R7 - Contents EXHIBITION AND SCHOLARSHIPS

R7.49 The Theodore Fink Education Endowment R7.50 The Allan R. Henderson Bequest R7.51 The William J. Foote Bequest R7.52 The Ringland Anderson Chair of Ophthalmology R7.53 Allen Hope Southey Memorial Lectureship R7.54 Postgraduate Medical Education Fund R7.55 Veterinary Research Fund R7.56 University Students' Loan Fund [Revoked; now see Statute 8.2] R7.57 The Ormond Chair of Music R7.58 N.U.A.U.S. Incoming Delegations Fund [Repealed] R7.59 The University Publication Fund [Revoked] R7.60 The Sir George Turner Lectures R7.61 G.E.M. Scott Bequest R7.62 J.E. Taylor Bequest R7.63 The Behrend Memorial Lecture in Mathematics R7.64 The Dental Alumni Research Foundation R7.65 Equine Research Fund [Revoked] R7.66 The W.M. and A.V. Eggleston Trust R7.67 The Cornelius Regan Trust R7.68 The Heather Jenkin Research Library Fund R7.69 J.R. Kinsman Fund R7.70 F.A. Kernot Bequest R7.71 The H.L. and M. De C. Wilkinson Foundation R7.72 The Henry Buck Bequest [Revoked] R7.73 The Charles Duplan Lloyd Trust R7.74 The John Latham and Floyd Blair Memorial Lectureship R7.75 Lesser Endowments R7.76 Edward Stevens Trust R7.77 Joseph Herman Trust R7.78 The Ernest Willington Skeats Trust R7.79 Maurice David Goldman Publication Fund R7.80 The Samuel Francis Pond Trust R7.81 Edward Clarence Dyason Fund R7.82 [Unallocated] R7.83 The Sydney Rubbo Memorial Trust R7.84 Sir John Allison Fund R7.85 The Graduate Fund [Revoked] R7.86 The F. Gordon Elford Fund R7.87 The Felix Raab Collection R7.88 [Unallocated] R7.89 John Barry Memorial Fund R7.90 The Royal Children's Hospital Research Foundation Chair of Paediatrics R7.91 [Unallocated] R7.92 The Lorna Stirling Fund R7.93 The Chamber of Manufactures Fund R7.94 The N.A. Twiss Trust R7.95 Edward Hamilton Sutton Fund R7.96 Keith Macartney Memorial Theatre Fund [Revoked] R7.97 A.E. Rowden White and Edward R. White Foundation for Medical Research R7.98 The Macgeorge Bequest R7.99 G.M. Rollason Fund R7.100 The Shepard's Citations Investment Fund R7.101 The Mount Royal National Research Institute Professor of Gerontology and Geriatric Medicine R7.102 Ian Potter Museum of Art Fund R7.103 The Guy Raymond Equine Research Fund R7.104 The Roper Bequest R7.105 The Renton Fund [Revoked] R7.106 Nerve Deafness Appeal Fund R7.107 The Ida Mirams Memorial Fund R7.108 Heidelberg Repatriation Hospital Professorships of Medicine and Surgery R7.109 T.G. Seymour and H.M. Mogensen Memorial Fund ENDOWMENTS OTHER THAN THOSE OF PRIZES, EXHIBITION AND SCHOLARSHIPS Chapter R7 - Contents

R7.110 The A.A.H. Pierce Bequest R7.111 The Louise B.M. Hanson-Dyer and J.B. Hanson Bequest R7.112 D.V. Darwin Bequest R7.113 Lions Clubs International Deafness Research Fund [Revoked] R7.114 [Unallocated] R7.115 The Norman Thomas Mortimer Wilsmore Research Fund R7.116 The Jasper Loftus-Hills Memorial Fund R7.117 The Leslie H. Brunning Research Fund R7.118 The Raynes Dickson Memorial Fund R7.119 The Strathfieldsaye Estate Bequest [Revoked] R7.120 The W.E. and C.H.H. Cook Memorial Fund R7.12I The Euphemia Alice Mclver Fund R7.122 Donald Mackay Memorial Fund R7.123 J.M. Higgins Research Foundation R7.124 T.R. Ashworth Bequest R7.125 Catherine Grace McWilliam Bequest R7.126 Graduate Engineering Studies Committee [Repealed] R7.127 The Albert H. Maggs Composition Award R7.128 The Melbourne University Engineering Foundation R7.129 The William Stone Trust R7.130 Maurice Cantlon Memorial Fund R7.131 West Grinstead Cancer Research Fund R7.132 Melbourne University Graduate School of Management Foundation [Revoked] R7.133 Sir Donald Hibberd Lectureship R7.134 The Madeleine Selwyn-Smith Memorial Fund R7.135 Melbourne University Law School Foundation R7.136 The Mary Sloane Travelling Scholarship R7.137 Joan Alice Duncan Bequest R7.138 The Roma Bottomley Fund R7.139 Foenander Industrial Relations Fund R7.140 John Alexander Pietzcker Bequest R7.141 Geoffrey Garlick Memorial Fund R7.142 Philip Bladin Memorial Fund R7.143 Hazel Jean Eastham Bequest R7.144 The Ernest and Grace Matthaei Bequest R7.145 The Sir Bernard Heinze Memorial Award R7.I46 The Henry Drysdale Trust R7.147 Thorold Harper Bequest R7.148 Walter Winston Johnstone Fund R7.149 The Dudley William Gardiner Memorial Fund R7.150 The Hilda Trevelyan Morrison Bequest R7.151 Joyce Lambert Antarctic Research Fund R7.152 The Alumni Association Life Membership Fund [Revoked] R7.153 John and Betty McCreery Scholarship R7.154 The Johnston Bequests R7.155 The Wilfred Prest Travelling Fellowship R7.156 Winifred Hallam Monds Bequest R7.157 Rotarian George Alcorn Memorial Library Fund R7.158 Kaye Merlin Brutton Bequest R7.159 John McIIwraith Fund R7.160 Henry Freeman Bequest R7.161 The Pownall, Irving, Davies Award R7.162 School of Early Childhood Studies Fund R7.163 Handley Fund for the Blackwood Properties R7.164 The Architecture Trust Fund R7.165 The Palladio Trust R7.166 The Olga Lawless Ziegler Memorial Fund R7.167 Ellinor Gertrude Harris Bequest R7.168 YenckenFund R7.169 Sir Randal Heymanson Foundation R7.170 Julia Marion Harvey Hale Bequest R7.171 The University of Melbourne Australian Centre Foundation ENDOWMENTS OTHER THAN THOSE OF PRIZES, Chapter R7 - Contents EXHIBITION AND SCHOLARSHIPS

R7.172 Florence May Macan Bequest R7.173 Dyason Bequest R7.174 George Seger Bequest R7.175 The Russell and Mab Grimwade Miegunyah Fund and Bequests [Revoked] R7.176 Melbourne University Centre for Russian and Euro-Asian Studies Foundation [Revoked] R7.177 Leslie Moira Henderson Bequest R7.178 The G.H. and F.R. Vasey Bequest R7.179 Charlotte Amelia Grundy Bequest R7.180 Ivan Nikiforovich Sookhanoff Bequest R7.181 Henry Arthur Pitt Memorial Bequest R7.182 John Stevens Gawler Bequest R7.183 Ellen Mavis Leigh Bequest R7.184 The Sir Frederick Beaumont Phillips Bequest R7.185 Albert and Marie Diamant Bequest R7.186 Melbourne University Swedish Studies Foundation [Revoked] R7.187 The Barrett Trust R7.188 Trevor Basil Kilvington Bequest R7.189 The University of Melbourne School of Botany Foundation R7.190 Eric J. Ingram Bequest R7.191 John Harvey Foster Bequest R7.192 Oriental Studies Trust Fund R7.193 Louisa Jean de Bretteville Bequest R7.194 Clarke Scholarship [Revoked] R7.195 Professor Maurice H. Belz Fund R7.196 Joyce Melrose Crickmer Fund R7.197 The Dookie Farms 2000 Project Fund R7.198 Ronald Philip Griffiths Bequest R7.199 Margaret Harrap Foundation R7.200 The Noel Rudolf Hall Bequest R7.201 The Harold Stanley Symons Bequest R7.202 Philippa Marion Gray Russell Bequest R7.203 Donald Raymond Stuart Bequest R7.204 Seabrook Chambers Lectureship R7.205 William and Kate Herschell Bequest [Revoked] R7.206 The Irene Marie McCabe Bequest R7.207 The William Collie Bequest R7.208 Modem Greek Lectureship Fund R7.209 John Homer Cole Bequest R7.210 The Dr Hubert Sydney Jacobs Bequest R7.211 The M.M. Clarke Medical Research Grants R7.212 David Finch Lectureship Fund R7.213 The Margaret Maxwell Train Bequest R7.214 The Edgar Rouse Chair in Radiology R7.215 The Patricia Lesley Brotherton Bequest R7.216 The Cato Chair in Psychiatry R7.217 The William Gibson Chair in Otolaryngology R7.218 The Chair of Social Work R7.219 The Fitzgerald Chair of Accounting R7.220 The Albert Shimmins Fund R7.221 The Frederick John Riley Bequest R7.222 The Alexander Norman Henderson Bequest R7.223 The Lillian Ernestine Lobb Scholarship R7.224 The Ellis Stones Memorial Fund R7.225 The Stevenson Chair in Paediatrics R7.226 The V.B.Trap p Endowment Fund R7.227 . The Gerry Higgins Chair of Irish Studies R7.228 The Pearson William Tewksbury Bequest R7.229 The Sultan of Oman Endowed Chair in Arab and Islamic Studies R7.230 The Thomas Roye James Bequest R7.231 The Austin Surgery Education and Research Fund R7.232 The Longerenong Visiting Fellowship R7.233 The William Gamble Visiting Fellowship Fund ENDOWMENTS OTHER THAN THOSE OF PRIZES, EXHIBITION AND SCHOLARSHIPS Chapter R7 - Contents

R7.234 The Annemarie Mankiewicz-Zelkin Fellowship (Ophthalmology) R7.235 The Russell and Mab Grimwade Miegunyah Fund R7.236 The Russell and Mab Grimwade Bequests R7.237 The Lady Northcote Trust Fund R7.238 The Dr David Bickart Bequest R7.239 The Nossal Institute for Global Health Fund R7.240 The Clem and Nina Christesen Bequest R7.241 The Adrienne Clarke Chair of Botany R7.242 The John Holland Engineering Management Fund R7.243 The Peter Brett Memorial Lecture Fund R7.244 The Myer Foundation Master Class Program R7.245 The Alan C Rose Memorial Fund R7.246 The SAF Music Provident Fund R7.247 Melbourne Theatre Company Capital Fund R7.248 Melbourne Theatre Company Development Fund R7.249 The Marie Chapman Bequest R7.250 The Agnes Robertson Scholarships Fund R7.251 Mildura Alumni Scholarships Fund R7.252 The Choreographic Development Fund R7.253 K.M. Christensen and E.A. Bond Bequest R7.254 The Nathan and Pamela Jacobson Fund R7.255 The Peggy Van Praagh Choreographic Fund R7.256 The Katharine Ellis Memorial Fund R7.257 The University of Melbourne French Trust Fund R7.258 The Haasz Family Fund R7.259 The Colin and Mavis Laing Fellowship Fund R7.260 The Ursula Hoff Bequest R7.261 The John McKenzie Fellowships R7.262 The Altajir Lectureship in Middle East And Islamic Studies R7.1 -MATHISO N LECTURES

Recitals-

A. A sum of money was subscribed-to provide a memorial to Gordon Clunes McKay Mathison, M.D., D.Sc, Captain in theAustralia n Army Medical Corps whowa s killed at Gallipoli on 18Ma y 1915.

B. The sum of £220 was donated to the University with a request that it be devoted to the endowment of a triennial lecture or lectures on some subject inMedica l Science.

C. The sum of£22 0 increased to $1,242 at 31 December 1994.

It is provided as follows-

1. The sum of $1,242 and any accumulations and additions to the sum forms a fund called the "Mathison Lectures" ("the fund") to endow a triennial lecture or lectures and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The lecturer is appointed by the Council after report from the faculty of Medicine, Dentistry and Health Sciences, the appointment being made at least one year before the time for delivery of the lectures unless in anyparticula r case the Council otherwise determines.

3. The lecturer receives the income from the fund during the preceding three years after providing for the expenses for the lecture or lectures.

4. The Council may appoint a lecturer conjointly under this benefaction and any other University benefaction or benefactions having a similar purpose.

5. The date ofthe first and of any subsequent lectures isdetermine d by the Council. R7.2 - GUY MILLER TUTORSHIP IN OPERATIVE SURGERY

Recitals-

A. Mrs. Albert Miller, formerly of Whemside, Toorak presented to the University the sum of £1,000 to endow a tutorship in Operative Surgery to be called the Guy Miller Tutorship in memory of her son, Captain Albert Guy Miller, M.B.,B.S , R.A.M.C, who was killed in the War in 1915.

B. The sum of £1,000 increased to $3,403 at 31 December 1994.

It is provided as follows-

1. The sum of $3,403 and any accumulations and additions to the sum forms a fond called the "Guy Miller Tutorship in Operative Surgery" ("the fund") and the fund must be paid into an investment pool and must remain there until the Council directs otherwise.

2. The duties of the tutor are those prescribed by the Council after report from the faculty of Medicine, Dentistry and Health Sciences ("the faculty") and from the James Stewart professor of Surgery.

3. The tutor is appointed annually by the Council after report from the faculty.

4. The tutorship is not to be held by the Stewart lecturer in Surgery or by the Stewart scholar in Surgery.

5. The tutor is eligible for re-appointment but must not hold office for more than five years unless the faculty by an absolute majority so recommends.

6. The tutor receives the income arising from the endowment during the preceding year, such income tob e paid in instalments at the end of each semester.

7. If the office of tutor becomes vacant during any year the Council may, after report from the faculty, appoint a substitute for the remainder of the year who receives the balance still available of the income from the fond during the preceding year.

8. Any income not expended in the appropriate year must be added to and become part ofthe fond. R7.4 - NERVOUS SYSTEM RESEARCH FUND

Recitals-

A. Alexander Morrison, late of East Melbourne, physician and surgeon by his will made the following bequest-

"All the remainder of my property to the University of Melbourne upon trust to be invested at interest and to add the interest to the principal and re-invest the same upon security authorized for the investment of trust funds until such time (not being greater than the law allows for accumulation) as the governing body of the said Melbourne University shall deem advisable and to apply the same to the advancement of the knowledge of the structure functions and diseases of the nervous system of man and animals under the following conditions- First by annually or at longer intervals recompensing original investigators or awarding a prize or prizes to competitors as an encouragement towards original investigation or by both of such methods.

Second that no award or recompense shall be made in any year unless the work done shall have in the opinion of the Examiners or the Committee appointed under this bequest resulted in a substantial addition to the knowledge of the time by original research attained by correct methods.

Third that there shall be no restriction as to nationality or residence of any competitor or candidate.

Fourth that if the fond now founded shall by addition thereto or in any other way be in excess of the amount required to reward the said investigators then I empower the said University of Melbourne to extend the scope of the said foundation in promoting by investigation the advancement of knowledge invegetabl e physiology.

Fifth that the Government of the State of may appoint one of the medical officers of the Lunacy Department ofthe Government service The Royal Society of Victoria or its successors may appoint an officer of the said Society or its successors and the University of Melbourne shall appoint three persons all of whom shall form a committee to direct and control the operation and application of this fund and all such appointments may be limited revoked and others appointed as aforesaid from time to time as occasion may require.

Sixth the said University of Melbourne may designate this foundation by any name but a personal one."

B. The University received the sum of £473 Is. 4d in satisfaction ofthe bequest, which sum increased to $31,893 at 31 December 1994.

It is provided as follows-

1. The sum of $31,893 and any accumulations and additions to the sum forms a fund called the "Nervous System Research Fund" and the fond must be paid into an investment pool and must remain there until tlie Council directs otherwise.

2. Expenditure from the fond is authorised by the Council on the recommendation of the faculty of Medicine, Dentistry and Health Sciences. R7.5 - THE BEATTIE SMITH LECTURES

Recitals-

A. William Beattie Smith, formerly of Collins Street Melbourne, Fellow of the Royal College of Surgeons of Edinburgh and Licentiate ofthe Royal College of Physicians of Edinburgh bequeathed "to the University of Melbourne One thousand pounds" and directed "that the annual interest on same be used to establish a few annual lectures on the early treatment of insanity as I consider the practitioner and the public are innee d of much education in regard to this subject.".

B. The University has received the sum of £1000 in satisfaction ofthe bequest, which sum increased to $6,500 at 31Decembe r 1994.

It is provided as follows-

1. The sum of $6,500 and any accumulations and additions to the sum forms a fond called the "Beattie Smith Fund" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income is devoted to the provision in each year of a few lectures on the early treatment of mental illness having regard to causation, pathology, symptoms, diagnosis, prognosis, therapeusis, control and prevention or any of these. Such lectures may be directed in any year wholly or in part specially to medical practitioners or specially to the public.

3. The lectures are called the "Beattie Smith Lectures".

4. The lecturer for each year is appointed by the Council after report from the faculty of Medicine, Dentistry and Health Sciences ("the faculty") and receives the balance of the net annual income of thefond afte r providing for the expenses, ifany , incidental to the lectures.

5. The Council after report from the faculty determines the number of lectures to be given in each year and the subject, place, time and other conditions ofthe lectures.

6. The Council may in any year appoint a lecturer conjointly under this benefaction and any other University benefaction having a similar purpose. R7.6 - CLINICAL RESEARCH FUND

Rccitals-

A. Some medical graduates of the University in 1914 wishing to increase facilities for clinical research and to commemorate thejubile e ofthe Medical school ofthe University subscribed a sum to be held by the University in trust, the income to be applied for thepurpose s of clinical research.

B. The University received £1,360 at the time ofthe donation, which sum increased to $3,994 at 31 December 1994.

It isprovide d as follows-

1. The sum of $3,994 and any accumulations and additions to the sum forms a fond called tlie "Clinical Research Fund" ("the fond"), and the fund must be invested as the Council from time to time directs.

2. The annual income of the fund is available for the promotion of clinical research and may be applied by the Council in such manner as the medical research committee from time to time advises:

Provided that the money available from this fund may be added to any other moneys available for a similar purpose and the whole dealt with as ajoin t fond. R7.7 - SAMUEL GILLOTT BEQUEST

Recitals-

A. The Honourable Sir Samuel Gillott, late of Melbourne, barrister and solicitor, by his will, subject to the life interest of his widow and certain other minor bequests and annuities, bequeathed his estate to charitable and educational institutions in the City of Melbourne and its suburbs of which one-fifth share was bequeathed to the University.

B. The University received in cash and securities the sumo f £23,900 in satisfaction ofthe bequest and is informed by the National Trustees Executors and Agency Company of Australasia Limited, the trustee under the will, that further amounts would be payable to the University which raised the total amount of the benefaction to approximately £44,000.

C. The sum of £44,000 increased to $97,572 at 31 December 1994.

It is provided as follows-

1. The sum of $97,572, and any accumulations and additions to the sum forms a fond called the "Samuel Gillott Bequest" ("the fund"), and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The capital and income of tlie money and securities may be used to such extent as the Council may from time to time determine for the purchase, leasing, building, adaptation or repairing of real estate for the accommodation of members of the staff of the University or assisting a member of the staff of the University in the purchase of a dwelling house either by making advances to him or her or by providing a sum available to meet the liability of the University under any guarantee given by it in respect of any advance made by a lender to a member of the staff of the University. Provided nevertheless that to the extent to which it is not required for the above purposes the income of the money and securities (including income from real estate dealt with as above) may be used for such other purpose connected with the University as the Council thinks fit.

[Edit. am. 17/9/99.]

17/9/99 R7.8 -JOH N HUGH SUTTON MEMORIAL

Recitals-

A. Mr. and Mrs. G. H. Sutton presented the sum of $500 to the University to establish a classical museum to be called the "John Hugh Sutton Classical Museum" as a memorial to their son John Hugh Sutton who, while a student of the University resident at Trinity College, was accidentally killed.

B. The sumo f £500 remained $1000 at 31 December 1994.

It is provided as follows-

1. The said sum of £1000 pending its expenditure as provided above must be held by the Council in trust for the establishment of the "John Hugh Sutton Classical Museum" and must be invested as the Council from time to time directs.

2. The sum together with any accumulations and additions to the sum must within three years from the date of the passing of this regulation be expended by the Council in the purchase of such exhibits for the museum as are selected by Professor Scutt or his successor and in the proper setting up of the same as a memorial to the late John Hugh Sutton.

3. The exhibits or the cases containing them must at all times be so marked as clearly to indicate that such exhibits or the contents of such cases are amemoria l to the late John Hugh Sutton.

4. The museum and memorial must at all times be properly maintained by the Council at the University. R7.9 - Sidney Myer University Trust

Recitals-

A. Sidney Myer governing director of the Myer Emporium Limited of Melbourne presented to the University 25,000 One pound folly paid ordinary shares in the Myer Emporium Limited and imposed no condition as to the method in which the income is to be applied but expressed the wish that the shares should not be sold except at a price which will realize £100,000 in cash.

B. The capital was $7,573,569 at 31 December 1994.

It is provided as follows-

1. The fund of $7,573,569 constituted by this gift which includes any accumulations and additions by way of bonus or free or dividend shares or any sinking fund accumulations must be retained as a separate fund and be known as the "Sidney Myer University Trust".

2. The shares from time to time constituting the trust are held by the University according to the expressed wish of the donor that they not be sold until they reach such a market value that by their sale a fund of £100,000 can be realized; the Council must however have a discretion in the event of unforeseen circumstances arising to sell under other conditions, due regard always being had to the expressed wish ofthe donor.

3. In the event of any sale its proceeds must be held as the "Sidney Myer University Trust" and must be invested as the Council from time to time directs.

4. The dividends and interest produced by the fund must be kept in a separate account and be applied as the Council from time to time determines including power to provide from this separate account a sinking or equalization fund.

5. To perpetuate the memory of Sidney Myer and this gift the chair of Commerce and Business Administration must be styled the "Sidney Myer Professorship of Commerce and Business Administration".

6. The University must as a member of any company in which the shares constituting the trust are held have power and authority to vote upon, and agree to, any scheme for enlargement, reconstruction or amalgamation submitted by such company.

7. The fund must be so used and managed and applied that if, after the sale ofthe shares constituting this trust fund (or any of them), any part ofthe corpus or capital of, or representing the same, from any cause is lost or used or depleted then and in such case the income derived from the trust fond must not be used for the purposes contemplated in this regulation but must be applied to restore or make good such lost or used or depleted capital or corpus and added to the corpus until such loss or shortage ismad e good. R7.10 - EDWARD WILSON CHAIR OF OBSTETRICS TRUST

Recitals-

A. The Government of Victoria agreed to make an annual grant of £2,500 to the University to enable the University to establish a chair of Obstetrics.

B. It was intended that £1,500 per annum of the grant go towards the salary of the occupant of the chair.

C The trustees of the Edward Wilson (the Argus) Trust presented to the University £20,000 of New South Wales Interminable 3 per cent stock to be held in trust by the University, the income to be used for the purpose of increasing the salary of the occupant of the chair to at least £2,000 per annum.

D. The capital was $57,986 at 31 December 1994.

It is provided as follows-

1. The sum of $57,986 and any accumulations and additions to the sum is known as the "Edward Wilson Chair of Obstetrics Trust" ("the fond") the securities for which or any of them may be sold from time to time and the net proceeds invested as the Council from time to time directs in any securities being inscribed stock either of the Commonwealth of or of any of the Australian States.

2. The income from the fond is applied up to $1,000 per annum to supplement the salary of the occupant of the chair for the time being thus raising it to at least $4,000 per annum and as to the balance of the income to supplement further the salary of the occupant of the chair for the time being or to meet any other expenditure connected with the chair authorised by the Council.

3. Any unexpended income is added to and becomes part of the capital of the fond.

4. The services ofthe Dunbar Hooper Professor of Obstetrics and Gynaecology for the time being are available free of charge for consultation with the medical advisers of patients in the Royal Women's Hospital Melbourne and the Queen Victoria Memorial Hospital for Women and Children Melbourne *i n confinement cases presenting features of serious difficulty and risk.

* (no longer exists) R7.12 - F. A. KERNOT BEQUEST

Recitals-

A. The University received from the trustees ofthe estate ofthe late Frederic Archer Kemot, formerly of Melbourne, dentist, (who throughout his life was keenly interested in mechanical workshop work) cash and securities of a total value of£5,05 2 13s.2d . upon the following trusts-

"That the same are to be vested in the Council or other proper body of the Melbourne University and to be called 'The F.A. Kemot Bequest' and invested and the income therefrom applied on the recommendation ofthe Faculty of Engineering ofthe said University at such intervals as shall seem most desirable to the said Faculty for the purpose of providing such special apparatus and plant for demonstration and research work and/or for carrying out such research work either special or general in connection with the Engineering School of the said University as the said Faculty may from time to time determine and recommend all such apparatus and plant to bear an inscription identifying the same with the name and bequest F.A. Kernot and that if at any time the said Income either wholly or in part is not required for the purposes beforementioned the said Council is to be at liberty to appropriate, and apply the same during such period and for such one or more Scholarships to be identified with the name F.A. Kernot as the Council may in its discretion consider best fitted to give effect to the said bequest."

B. The sum of£5,05 2 13s.2d . increased to $21,313 at 31 December 1994.

It isprovide d as follows-

1. The sum of $21,313 and accumulations and additions to the sum forms a fund called the "F.A. Kernot Bequest" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fond is applied from time to time for the benefit ofthe school of Engineering in this University as the faculty of Engineering ("the faculty")may determine and recommend-

(a) for the purpose of providing special apparatus and plant for demonstration and research work;

(b) for the purpose of carrying out special or general research:

Provided that if any part of the net income not be required for the purposes referred to above the income may be applied to provide such scholarship or scholarships as the Council on the recommendation ofthe faculty may consider most suitable.

3. Any apparatus and plant purchased from this fond must bear an inscription recording the fact that it was bought from the F.A. Kemot Bequest.

4. Any scholarship awarded under this standing resolution must be entitled "F.A. Kernot Scholarship". R7.13 - THALIA ROCHE MEMORIAL

Recitals-

A. Cedric Watson Gray Roche, M.D., M.S., of Melbourne wishing to establish a memorial to his late sister, Thalia, who was a member ofthe medical profession, presented to the University £1,000 to. be held by it in trust and to apply the annual net income in providing in connection with the University a series of annual demonstrations in practical obstetrics for senior medical students to be known as the "Thalia Roche Demonstrations".

B. The sum of£1,00 0 increased to $3,193 at 31 December 1994.

It is provided as follows-

1. The sum of $3,193 and any accumulations and additions to the sum forms a fond which must be invested as the Council from time to time directs and must be kept as a separate fond to form the endowment of a series of annual demonstrations in Obstetrics known as the "Thalia Roche Demonstrations".

2. The demonstrations are given by a member ofthe medical staff of the University or by a practising physician or surgeon chosen for his or her special practical knowledge of Obstetrics to be appointed by the Council after report from the faculty ofMedicine , Dentistry and Health Sciences.

3. The demonstrator gives his or her demonstrations after consultation with the Dunbar Hooper Professor of Obstetrics and Gynaecology and must endeavour to secure that the maximum amount of individual instruction is available for each student.

4. The person giving the demonstrations must receive as his or her fee the net income of the endowment during the preceding year less any expenses of management and any expenses incidental to the demonstrations. R7.14 - SUPREME COURT LIBRARY FUND

Recitals-

A. In 1930 the Judges of the Supreme Court, at the request of the Supreme Court Library Fund, donated out of the Supreme Court Library Fund £30,000 for the endowment of a second professorship in the faculty of Law in the University. The professorship was originally,style d The Professor of Public Law, but has since been restyled tlie Harrison Moore Professor Law.

B. The sum of £30,000 increased to$217,34 5 at 31 December 1997.

C. In 1940 the Judges, following a similar request, donated out ofthe same fond a further £25,000 for the purpose of providing out of its income the means of increasing the teaching resources of the faculty of Law.

. D. The sum of £25,000 increased to $155,149 at 31 December 1994.

It isprovide d as follows-

1. The sum of $217,345 and any accumulations and additions to the sum forms the endowment of a fund called the "Harrison Moore Chair Fund" ("the Chair fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income from the investment ofthe Chair fund is applied in the first instance to the payment of the stipend of the Harrison Moore Professor of Law including provision for his or her retirement and the balance isapplie d as the Council may direct to the expenses ofthe chair.

3. The provisions of Statute 7.1 apply to the professorship.

4. The sum of $155,149 and any accumulations and additions to the sum forms the endowment of a fund called "The Supreme Court Library Fund for Teaching Resources" ("the Teaching Resources Fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

5. The income from the investment ofthe teaching resources fund is used to provide the salaries of teachers in the faculty of Law or otherwise to increase the teaching resources of the faculty but must not be applied to relieve the University of expenditure in the faculty of Law to which it was committed at the time of receiving the second sum.

6. Concerning either of the sums, surplus income in any year may be carried forward to a future year or invested by way of addition to the fond as the Council directs.

[Edit.am .14/12/98 .

14/12/98 R7.15 - RITCHIE MEMORIAL

Recitals-

A. To perpetuate the memory of his son, Captain Robert Blackwood Ritchie, M.C, killed on active service in France in 1916, Robert Blackwood Ritchie of Penshurst Victoria donated £30,000 to the University to found and endow a chair of Economics and to otherwise provide for the study of Economics in the University.

B. The sum of£30,00 0 increased to $110,312 at 31 December 1994.

It is provided as follows-

1. Aprofesso r in the University is styled the "Ritchie professor of Economics."

2. The sum of $101,399 forms a fond called the "Ritchie Memorial Fund" ("the fund") and any accumulations and additions to the sum must be paid into the fond and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

3. (i) The net annual income of the fond must be applied to the salary of the professor and to any matters incidental to that salary, or to the chair itself, as the Council from time to time determines.

(ii) Any unexpended annual income may be applied by the Council to the promotion of the study of Economics in the University or may be carried forward as income for use in a later year or added to the capital ofthe fund.

4. The provisions of Statute 7.1 apply to the Ritchie professor of Economics. R7.17 - THE ARTHUR NORMAN SMITH LECTURESHIP IN JOURNALISM

Recitals-

A. Members of the family of the late Arthur Norman Smith, who was one of the founders of the Australian Journalists' Association, having been its first general president and for five years its general secretary, presented £200 to the University to endow an "Arthur Norman Smith Lecture in Journalism".

B. The sum of£20 0 increased to $14,086 at 31 December 1994.

C. At 3 August 2004 the capital of the Arthur Norman Smith Lectureship in Journalism fond was $34,455.77 and the income was $10,910.40.

It is provided as follows-

1. The sum of $14,086 and any accumulations and additions to the sum forms the endowment of a lectureship called the "Arthur Norman Smith Lectureship in Journalism" ("the fond") and the fund must be paid into an investment pool and must remain thereunti l the Council directs otherwise.

2. The income, is used to provide in each year a lecture or lectures by a leading authority or authorities on some important aspects of Journalism and, to defray, in whole or in part, any cost of advertising and entertaining incurred in connection with the lecture or lectures and the cost of publishing the lecture or lectures, either individually or as a collection and either independently or aspar t of another publication.

3. Each lecturer is to be appointed and receive a fee determined by Council on the recommendation of the dean of the faculty of Arts who, before making any recommendation concerning the fund, must consult the head of the Media and Communications Program.

[Titleam. ,Recita l Cmade ,s .2 am. ,s .3 subst. , 46/10/04.]

6/10/04 R7.18 - THE SIDNEY MYER MELBOURNE SYMPHONY ORCHESTRA TRUST

Recitals-

A. The late Sidney Myer, formerly of Clendon Road, Toorak, and formerly governing director of the Myer Emporium Ltd., presented to the University 10,000 ordinary shares of one pound each folly paid in the Myer Emporium Limited.

B. Sidney Myer by deed dated 22 December 1932 declared that the University stood possessed of the gift shares tob e held upon the subject to the following terms and conditions-

T. The object of the donor in setting apart the said gift is to make a perpetual provision and endowment dedicated in perpetuity to the promotion and encouragement of free concerts of orchestral music in Melbourne including open-air concerts and to further and maintain the interests of the Melbourne Symphony Orchestra now being established under the auspices and direction of the University of Melbourne and the Ormorid Professor of Music in the University of Melbourne.

2. It is the wish of the donor that the said gift shares shall not be sold except with the consent in writing of the said Sidney Myer or his legal personal representatives but shall together with all additions or accretions thereto in the shape of any bonus or free or dividend shares or any sinking fund accretions be retained as a separate fond and shall be known as the Melbourne Symphony Orchestra Trust Fund.

3. The dividends interest income and annual earnings produced by the said gift shares or by the proceeds of the sale thereof shall be kept in a separate account and shall be applied as hereinafter appears including power to provide out of the same a sinking or equalization fond.S o much of the said dividends interest income and earnings as shall not be required or expended in any year and the residue thereof shall be accumulated in the said fond and may be resorted to in subsequent years for any purposes of the fond herein indicated and may be applied as if income arising in that year.

4. The University of Melbourne or other of the holders of the said gift shares or any share investments representing the same shall as members of the company in which the shares constituting such trust are held have power and authority to vote upon and agree to any scheme of enlargement reconstruction or arrangement submitted by such company.

5. The trust fond shall be so used and governed managed and applied that if after the sale of the shares constituting the same (or any of them) any part of the corpus or capital of or representing the said trust fond shall from any cause be lost or used or depleted then and in such case the income derived from the trust fund shall not be used for the purposes herein contemplated but shall be accumulated and applied in and about restoring and making good such lost or used ordeplete d capital or corpus and added to the corpus of tlie fond until such loss or shortage shall be made good and replaced.

6. The said dividends interest income and annual earnings shall each year subject as aforesaid be applied by the University to such extent as it considers necessary in assisting the Melbourne Symphony Orchestra in its programmes and outlay in relation to free orchestral concerts and in particular shall be used as far as practicable to provide for the presentation of free open air orchestral concerts in each concert season of the said orchestra in Melbourne.

7. The University of Melbourne shall have the absolute management and entire control ofthe said fond and its income and may make rescind and alter all such regulations 1 (not being inconsistent with this declaration) as it may think fit with respect to the purposes for which the manner in which the persons by whom the terms and conditions on which and the times when the proceeds ofthe trust fund shall be employed or expended.

8. It shall be lawful for the University to expend any moneys added to the said fond by way of accretions or accumulations of income in and towards the erection of a Band Stand specially constructed for the advantageous rendering oforchestra l music in the open air.'

7/3/05 C. On 12Novembe r 2004 the Supreme Court of Victoria made an order substituting for the original clause 6 ofthe deed the following clause -

'6. The said dividends, interest, income and annual earnings shall each year, subject as aforesaid, be applied by the University to such extent as it considers necessary in assisting the present Melbourne University Orchestra (30%) and the present Melbourne Symphony Orchestra (70%) in their programmes and outlay in relation to free orchestral concerts and in particular shall be used as far as practicable to provide for the presentation of free open-air concerts in each concert season ofthe said orchestras in Melbourne.'

D. At the request of the Melbourne Symphony Orchestra and with the consent of the Supreme Court, the University and the Melbourne Symphony Orchestra have entered into an agreement of unlimited duration which provides that the income ofthe fund is to be shared in particular proportions between the University Orchestra (30%) and the Melbourne Symphony Orchestra (70%)o n an annual basis into the indefinite future.

E. At the time ofthe donation, the University received 10,000 ordinary shares ofthe Myer emporium. At 31 December 2004 the capital of the Melbourne Symphony Orchestra Trust Fund was $8,584,547.92 and the accumulated income was $932,391.97.

It is provided as follows-

1. In order to perpetuate thememor y of Sidney Myer in association with his gift the fund is known asth e 'Sidney Myer Melbourne Symphony Orchestra Trust Fund'.

2. The income of the fund is to be applied by Council in accordance with the trusts set out in Recital B as varied by the Supreme Court Order described in Recital C.

[Titleam. ,Recita lC subst. ,Recital sD an d Emade ,s .2 subst . 7/3/05.]

7/3/05 R7.19 -MELBOURN E SYMPHONY ORCHESTRA ENDOWMENT FUND

Rccital-

A. The University received £5,374 from subscribers in 1933 for the endowment of the Melbourne Symphony Orchestra, which sumincrease d to $41,358 at 31 December 1994.

It is provided as follows-

1. The sum of $41,358 and any accumulations and additions to the sum, which must be kept as a separate fond and be invested as the Council from time to time directs, is known as the "Melbourne Symphony Orchestra Endowment Fund" ("the fond").

2. The income ofthe fond is applied towards the promotion ofthe work ofthe Melbourne Symphony Orchestra in such ways as the Council directs.

3. Any unexpended income may be accumulated for subsequent expenditure or may be added to the capital ofthe fund. R7.20 - RESEARCH PROFESSORSHIP IN MEDICAL BIOLOGY

Recitals-

A. By an agreement made on 14 July 1964 between the trustees for the time being ofthe Walter and Eliza Hall Trust ofthe first part, The Walter and Eliza Hall Institute of Medical Research (therein and hereinafter referred to as "the institute") of the second part, The University of Melbourne ofthe third part and The ofthe fourth part (which said agreement was supplementary to certain previous agreements and is hereinafter referred to as "the said agreement") the parties thereto entered into certain arrangements concerning (inter alia) theappointmen t of adirecto r ofthe institute inmanne r therein provided.

B. The agreement was expressed to have effect from 30 September 1964 and to continue thereafter for a period of 40 years subject however to prior determination as therein mentioned.

C. The agreement provided that whenever the person who is for the time being the director of the institute should for any reason cease or be about to cease to be such director steps should be taken to appoint a successor after consultation between the institute and the University as therein provided.

D. The parties entered into a supplementary agreement dated 23 August 1977 whereby the financial arrangements between the University and the institute relating to the appointment ofthe director as aprofesso r were varied.

It is provided as follows-

1. The Council may from time to time asth e need arises appoint the director ofthe institute to be research professor inMedica l Biology.

2. The professor holds this appointment for so long as he or she continues to be director ofthe institute.

3. The professor isresponsibl e for the conduct of a University department of Medical Biology within the institute and must engage in such undergraduate and post-graduate teaching as may be agreed between the institute andth e Council.

4. The Council may appoint any other qualified officer of the institute to be a research professor of some branch of Medicine in the University or to hold some other office within the University which itthink s proper.

5. During the professor's appointment as director of the institute the Council must pay annually toth e institute by way of contribution from 1 January 1977-

(a) towards the salary of the director of the institute an annual sum equal to half of the basic salary of a professor of the University calculated at 1 January in the year to which each annual payment relates;an d

(b) towards the cost of the institute's work on medical research such sum as the University from time totim e allocates from itsavailabl e research funds.

6. This regulation remains in force only during the operation ofthe said agreement. R7.21 -TH E TRUBY WILLIAMS CHAIR OF ECONOMICS FUND

Recitals-

A. Ernest Edward Truby Williams, late of Melbourne, by his will dated 5 March 1930 made two bequests to the University, the first for the "benefit of such University generally" and the second "as an endowment for the University Conservatorium of Music".

B. The sum of £39,861 16s. Id. was received by the Council from the trustees of the will in satisfaction ofthe bequests, which sum increased to $121,276 at 31 December 1994.

It is provided as follows-

1. There is aprofesso r in the University styled the "Truby Williams Professor of Economics".

2. The sum of $121,276 and any accumulations and additions to the sum forms a fund called "The Truby Williams Chair of Economics Fund" ("the fond")and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

3. The income ofthe fond must be applied in the first instance to the payment ofthe stipend ofthe professor including provision for his or her retirement, and any balance is to be applied as the Council from time to time determines for the benefit ofthe University generally. R7.22 - FRANCIS HALEY BEQUEST

Recitals-

. A. Francis Haley, late of Toorak, in the State of Victoria, physician, bequeathed part of his residuary estate to the University "for the purposes of the Cancer Research Fund thereof or any Tubercular Research Fund thereof or any other like Fund having the same or the like purposes".

B. The University received £55,667 in satisfaction of the bequest, which sum increased to $154,155 at 31 December 1994.

It is provided as follows-

1. The sum of $154,155 and any additions and accumulations to the sum forms a fund called the "Francis Haley Bequest" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income of the fund is used for the purposes of research into the nature, causes, treatment and prevention of cancer, tuberculosis or other diseases which arewidesprea d and seriously endanger human life and health.

3. The income of the fund is allocated each year to particular researches falling within section 2 by the faculty of Medicine, Dentistry and Health Sciences on the recommendation of the medical research committee, not less than $3,000 being allocated to such researches in the department of Medical Biology in any year inwhic h appropriate research is carried out in that department.

4. The title of any full-time senior research officer appointed under the terms of this regulation is "Francis Haley Research Fellow".

5. The Council may at any time direct that the whole of the capital ofthe fund or anypar t thereof be resorted to for thepurpos e or purposes stated above.

[S.5. made 5/7/99.]

16/7/99 R7.23 - MARIAN BARRETT BEQUEST

Recitals-

A. James William Barrett, Knight Commander of the Most Excellent Order of the British Empire, doctor of Medicine and master of Surgery some time Chancellor of the University and for forty-four years a member of the University Council who died on 6 April 1945 bequeathed to the University certain physiological and other instruments and appliances and certain medical journals, treatises and papers and also made a further bequest in the following terms:

"To the said University of Melbourne Victoria the sum of seven hundred and fifty pounds and whereas my experience of American universities is of such a nature as to influence me towards providing for the foundation of a School of Nursing now I hereby express my desire that the aforesaid legacy of seven hundred and fifty pounds to the University of Melbourne shall be applied in or towards the foundation and/or development of a School of Nursing or if insufficient for such purpose shall be used as the nucleus of a fund for that purpose nevertheless I declare that such legacy shall be applied in such manner as the Council of the said University shall in its absolute discretion decide and direct and I direct that the aforesaid legacy of seven hundred and fifty pounds and the bequest of the said University hereinbefore contained of my instruments appliances books and journals shall together carry the name of 'The Marian Barrett bequest' in memory of my wife Marian."

B. The University received the instruments, appliances, journals, treatises and papers referred to and also the sum of £750 from the executors ofthe will.

C. The Council decided that it was impracticable to found a school of nursing and approved the following scheme.

D. The sum of £750 increased to $17,108 at 31 December 1994.

It is provided as follows-

1. The physiological and other instruments and appliances and the medical journals, treatises and papers received under the terms of the will are part of the "Marian Barrett Bequest".

2. The sum of $17,108 and any accumulations and additions to the sum forms a fund called the "Marian Barrett Bequest" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

3. The net income of the fund is used for the purpose of providing from time to time a lecture or lectures on a subject or subjects of interest to both the medical and the nursing professions.

4. The subject or subjects are selected and the lecturer or lecturers appointed by the Council on the recommendation ofthe faculty of Medicine, Dentistry and Health Sciences ("the faculty") and the faculty is responsible for making the necessary arrangements for the course of lectures.

5. The Council may at any time direct that the whole of the capital of the fund or any part thereof be resorted to for the purpose or purposes stated above.

[S.5 .mad e 5/7/99.]

16/7/99 R7.24 - HERALD CHAIR OF FINE ARTS

Recitals-

A. The Herald and Weekly Times Ltd., in commemoration of the victory of the allied nations in the Pacific, presented £30,000 to the University (hereinafter called the fund) for the purpose of endowing a chair of Fine Arts,know n as the "Herald Chair of FineArts" ,

"For teaching the understanding and appreciation of the fine arts and the application of their principles and practice to the life ofthe community."

B. The sum of £30,000 increased to $102,306 at 31 December 1994.

It is provided as follows-

1. The sum of $102,306 and any additions and accumulations to the sum forms a fund called the "Herald Chair of Fine Arts Fund" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. There is a professor in the University styled the "Herald Professor of Fine Arts".

3. The professor is appointed for such period and on such conditions as the Council from time to time determines.

4. The income from the fond is applied in the first instance to the payment of the stipend of the professor including provision for his or her retirement, and any balance is to be applied as the Council from time to time directs in meeting the expenses of the department and for the purposes of furthering the understanding and appreciation of the fine arts and the application of their principles and practice to the life ofthe community. R7.25 - LADY MASSON MEMORIAL LECTURESHIP

Recitals-

A. £500 was presented to the University to endow a Lecture in memory of Lady Masson, wife of Sir David Orme Masson K.B.E., M.A., D.SC, F.R.S.E., F.R.S., professor of Chemistry in the University from 1886 to 1923.

B. The sumo f£50 0 increased to $1,973 at 31 December 1994.

It is provided as follows-

1. The sum of $1,973 and any additions and accumulations to the sum forms a fund called the "Lady Masson Fund" ("tlie fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The fund forms the endowment of a lectureship known as the "Lady Masson Memorial Lectureship".

3. The net income of the fund is devoted to the provision in alternate years of a lecture on some important aspect or application of Chemistry.

4. The lecturer is appointed by the Council after consultation with tliehea d of the school of Chemistry ("the head").

5. If on any occasion there is in the opinion of the head no suitable lecturer in Chemistry the income available in the year concerned is to be devoted to the provision of a lecture on a topic of interest in Social Development to be delivered by a lecturer appointed by the Council after consultation withth e dean of the faculty of Arts and the head of the department of Social Work. r

6. The lecturer receives (subject to the deduction of necessary expenses) the income ofthe fond in the two yearsprecedin g the lecture. R7.27 - WILLIAM SUTHERLAND ANTHROPOLOGICAL FUND

Recitals-

A. In 1911 Dr. James William (afterwards Sir James) Barrett, M.D., M.S., F.R.C.S., Eng., donated £500 to the University "as a nucleus of endowment of a chair or department of Anthropology in connection with the Anatomical school ofthe University".

B. The donor expressed a wish that the name of William Sutherland, M.A., physicist and mathematician, be associated with the endowment.

C. The sum of £500 increased to $7,426 at 31 December 1994.

It is provided as follows-

1. The sum of $7,426 and any accumulations and additions to the sum forms the endowment of a fund called the "William Sutherland Anthropological Fund" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fond is applied to the maintenance of a chair or department of Anthropology in the University:

Provided that until the establishment of such a chair or department the income is devoted to the purposes of teaching or research inAnthropolog y in the University. R7.28 - LIBRARY ENDOWMENT FUND

Recitals-

A. The Council, in February, 1927 launched an appeal which raised £7,304 17s. lid for the endowment ofthe University library, which sumha s now increased to approximately $71,000.

B. Donors have subsequently given gifts to the University Library which amounts now total approximately $194,000.

C. The University Library amalgamated these two amounts for the purpose of establishing a substantial capital fund to enable acquisitions from time to time of certain rare and significant library materials not customarily acquired out of moneys from the University general fond.

D. The capital was $510,557 at 31 December 1994.

It isprovide d as follows-

1. The sum of $510,557 and any accumulations and additions to the sum forms a fund called the "Library Endowment Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The accumulated income of the fond is applied to the acquisition of rare and significant books, manuscripts, prints, maps, musical scores, collections and other like library materials not customarily acquired out of moneys from the University general fond.

3. Whenever it is deemed advisable the Council, on tlie recommendation ofthe Library Committee, may direct that amounts of accumulated income, or any percentage thereof, be added to the capital of die fond. Those amounts then form part ofthe capital ofthe fond but are not available to be used as income in any subsequent year.

4. Subject to the retention as capital of any moneys donated or added to the fond on condition that only the income derived from these moneys may be expended the Council may at any time and from time to time direct that the capital of the fond be resorted to for the purpose referred to in section 2. R7.29 - PERCY GRAINGER FUND

Recitals-

A. George Percy Grainger, musician, bom in Melbourne, and later of New York in the United States of America, presented to the University £9,950 14s. for the building and endowment within the University of a Grainger museum to be devoted to records of himself and his family and "of other Nordic musicians" and "for the preserving of all things bearing upon the musical life of Melbourne or Australia".

B. The sum of £4,573 15s. was applied to the building of a Grainger museum in the grounds of the University and the remaining amount, the capital of which at 31 December 1994 was $39,075.

It isprovide d as follows-

1. The sum of $39,075 forms a fond known as the "Percy Grainger Fund" ("the fond") and any accumulations or additions to the sum must be paid into the fond and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income of the fond is to be used in the first place to defray the costs of maintenance of the museum and any surplus income may be used at the discretion of the Council either to increase the endowment of the fond or to carry out the founder's intention of "preserving all things bearing upon the musical life of Melbourne or Australia". R7.30 - W.P. GREENE BEQUEST

Rccitals-

A. William Pomeroy Greene, late of Rowsley, Victoria, who died on 18 January 1934 bequeathed a share of his residuary estate to the University "to be applied in the promotion and encouragement of cancer research".

B. The University received the sum of £25,994 9s. 9d. in satisfaction ofthe bequest, which sum increased to $54,874 at 31 December 1994.

It is provided as follows-

1. The sum of $54,874 and any accumulations and additions to the sum forms the endowment of a fund called the "W.P. Greene Bequest" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fund is used to promote and encourage Cancer Research.

3. The Council may at any time direct that the whole of the capital of the fund or any part thereof beresorte d to for the purpose or purposes stated above.

[S.3. made 5/7/99.]

16/7/99 R7.31 - B.M.A. FUND

Recitals-

A. In 1937 the British Medical Association presented £500 to the University from the surplus resulting from the 103rd meeting ofthe Association, held in'Melbourne in 1935, tob e used as the Council determines.

B The sum of £500 increased to $1,321 at 31 December 1994.

It is provided as follows-

1. The sum of $1,321 and any accumulations and additions to the sum forms the endowment of a fund called the "B.M.A. Fund" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fund is applied to support Medical Research.

3. The Council may at any time direct that the whole ofthe capital ofthe fund or any part thereof be resorted to for the purpose or purposes stated above.

[S. 3.mad e 5/7/99.]

16/7/99 R7.32 - THE GRAHAM ENDOWMENT FUND

Recitals-

A. In 1927 the family of the late George Graham, on whom the degree of doctor of Medicine was conferred by the University in 1862, presented £500 to the University to provide a plaque to perpetuate the memory of Dr. Graham and his wife, the balance of the sum to be held in trust and the income applied for the purchase of British and foreign medical and scientific journals for the Medical School library.

B. The sumo f £500 increased to $2,184 at3 1 December 1994.

C. On 31 October 2002 the Attorney General of Victoria made an Order that-

'The income be applied from time to time to purchase books for the Rare Book Collection in the Biomedical Library, books sopurchase d to bear an appropriate inscription recording that they were purchased from the Graham Endowment Fund.'

It isprovide d as follows-

1. The sum is to be applied in the first instance to provide a brass plaque suitably inscribed in memory of Dr. Graham and his wife.

2. The remainder of the sum and any accumulations and additions to the remainder of the sum forms the endowment of a fond called the 'Graham Endowment Fund' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

3. The income ofthe fond is to be applied to the purchase of books for the Rare Books Collection in the Biomedical Library, each book tobea r an inscription that it was purchased from the fond.

[Edit. am. 9/4/97, Title am., Recital C made, s. 3subst . 3/3/03]

13/3/03 R7.33 - SIR WILLIAM BRUNTON MEMORIAL FUND

Recitals-

A. Sir William Brunton, late of "Selkirk", Glenferrie Road, Malvern, knight bachelor, who died on 13 April, 1938, bequeathed to the University a part of his estate, the income therefrom to be used for research purposes, and a further part of his estate, to be called the "Sir William Brunton Memorial Fund", upon similar trusts.

B. The University received the sum of £7,116 in satisfaction of the bequest, which sum increased to $59,848 at 31 December 1994.

It is provided as foliows -

1. The sum of $59,848 and any accumulations and additions to the sum forms the endowment of a fond called the "Sir William Brunton Memorial Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fond is used for the promotion of research in the University. R7.34 - ALFRED DEAKIN MEMORIAL FUND

Recitals-

A. The late Miss C. S. Deakin, in memory of her brother, Alfred Deakin, bequeathed £1,000 to the University "to form a fond to be named the Alfred Deakin Memorial Fund" and "to apply the income thereof in the purchase for the University Library ofbook s and publications (with the name Ofth e Fund in them) dealing with any of the following subjects, viz. Philosophy, Religion, History, Poetry, Economics, Literature and the broad generalizations of Science".

B. The University received £1,000 in satifaction ofthe bequest, which sum increased to $2,897 at 31 December 1994.

It isprovide d as follows-

1. The sum of $2,897 and any accumulations and additions to the sum forms the endowment of a fund called the "Alfred Deakin Memorial Fund" (the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income of the fund is used to purchase for the University library books and other publications dealing with any of the following subjects: Philosophy, Religion, History, Poetry, Economics, Literature and the broad generalizations of Science.

3. The name ofthe fond is to be inscribed ineac h book and publication purchased from thefond. R7.35 - HELEN MACKIE ENDOWMENT FUND

Recitals-

A. In 1938 the trustees of the late Helen Mackie presented £50,000 to the University 'to enable the University to secure or to retain professors of outstanding eminence in the pre-clinical medical chairs'.

B. The sum of £50,000 increased to $899,234 at 31 December 1994.

C. On 24 March 2003 the Supreme Court of Victoria made an Order concerning the purposes of the trust enabling the University to apply the income to secure or to retain scientists of excellence in the faculty of Medicine, Dentistry and Health Sciences.

D. At 18 June 2003 the capital was$2,089,109.81 .

It is provided as follows-

1. The sum of $2,089,109.81 and any accumulations and additions to the sum forms the endowment of a fund called the 'Helen Mackie Endowment Fund' ('the fund') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income of the fund is to be expended by Council on the recommendation of the dean of the faculty of Medicine, Dentistry and Health Sciences ('the faculty') to secure or to retain scientists of excellence inth e faculty.

3. The Council may at any time direct that the whole of the capital of the fund or any part thereof be resorted tofo r the purpose or purposes stated above.

[s. 3. made 5/7/99, Recitals C and D made, s. 1am. ,s . 2 subst. 11/8/03.]

21/8/03 R7.36 - CAROLINE CADDEY FUND

Recitals-

A. Caroline Caddey, late of East Melbourne, who died on 26 January, 1940, bequeathed £2,000 to the University "to be used or applied for medical research work only".

B. The sum of £2,000 increased to $4,732 at 31 December 1994.

It is provided as follows-

1. The sum of $4,732 and any accumulations and additions to the sum forms the endowment of a fund called the "Caroline Caddey Fund" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fund is used for the promotion of Medical Research in the University.

3. The Council may at any time direct that the whole of the capital of the fund or any part thereof be resorted to for the purpose or purposes stated above.

[S. 3.mad e 5/7/99.]

16/7/99 R7.37 -TRUB Y WILLIAMS CONSERVATORIUM ENDOWMENT

Recitals-

A. Ernest Edward Truby Williams, late of Melbourne, who died on 15 August 1941 made two bequests to the University, the first for the "benefit of such University generally" and the second "as an endowment for the University Conservatorium of Music".

B. The first bequest has been applied to the endowment ofthe Truby Williams Chair of Economics.

C. The sum of £10,147 7s. 2d. was received in satisfaction of the second bequest, which sum increased to $55,521 at 31 December 1994.

D. The purposes for which the Conservatorium was established are now carried out by the faculty of Music and the name "University Conservatorium of Music" has been discontinued.

It isprovide d as follows-

1. The sum of $55,521 and any forms accumulations or additions to the sum forms a fond known as the "Truby Williams Conservatorium Endowment Fund" ("the fond") and the fond be paid into an investment pool and must remain there until the Council directs otherwise.

2. The income ofthe fond is applied to the purposes ofthe faculty of Music in such a manner as the Council may from time to time decide. R7.38 -HEBDE N MEDICAL RESEARCH FUND

Recitals-

A. Elizabeth Spencer Hebden, of East St. Kilda, who died in August 1942, bequeathed the residue of her estate to her trustees:

"To invest the same in manner herein provided and to pay over the accruing income and any accrued income therefrom by half-yearly instalments to the Governing Body for the time being of the University of Melbourne for application by such body for the purposes of medical research in relation to diseases affecting human beings and particularly in relation to the causes and cure of cancer provided always that the manner in which such application shall be made shall be in the discretion ofthe said Governing Body and that it shall not be obligatory to apply the whole of such income in relation to the causes and cure of cancer though it is my wish that this should be done so far as may be found by the said Governing Body to be practicable. . .provided further that my Trustees may at any time in their uncontrolled discretion transfer and make over the said balance of my residuary estate and the investments for the time being representing tlie same to or for the benefit of the said Governing Body upon the execution by or on behalf of such body in such manner as to make the same binding on the University of a deed or other assurance containing sufficient covenants and undertakings by or on behalf of the said Governing Body to the satisfaction of my Trustees and in a form approved by them providing that the corpus of the said balance of my residuary estate shall be always maintained and kept intact and properly invested and shall be constituted and known as the Hebden Medical Research Fund' and that the income arising therefrom shall be applied for the aforesaid purposes and not for any other purposes".

B. The trustees paid £7,400 to the University in satisfaction ofthe bequest.

C. The sumo f £7,400 increased to $16,17 9 at 31 December 1994.

It is provided as follows-

1. The sum of $16,179 and any accumulations and additions to the sum forms the endowment of a fond called the "Hebden Medical Research Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income of the fund is applied to support research in relation to diseases affecting human beings and particularly in relation to the causes and cure of Cancer. R7.39 - FRANK WILMOT MEMORIAL FUND

Recitals-

A. The sum of £101 12s. Id. was subscribed by his friends toperpetuat e the memory of Frank Wilmot ("Furnley Maurice"), poet and manager ofthe Melbourne University Press from 1932 to 1942, and the subscribers expressed the wish "that £200 should be invested and the income applied in purchasing Australian books for the library" and "that abookplat e should be placed in each volume purchased".

B. In 1944 the University received £101 12s. Id from the subscribers, which sum was $200 at 31 December 1994.

It isprovide d as follows-

1. The sum of $200 and any accumulations and additions to the sum forms the endowment of a fond called the "Frank Wilmot Memorial Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fund is applied to the purchase for the University library of Australian books.

3. A book-plate is to be placed in each volume purchased from the income of the fund and the sum of £1 12s Id. remaining from the fond is to be used towards the cost of printing such book-plates. R7.40 - A. E. BAYNE BEQUEST

Recitals-

A. Amy Elizabeth Bayne, who died on 13th August, 1945,bequeathe d to the University the sum of £3,000 "to be devoted to Medical Research".

B. The sum of £3,000 increased to $5,969 at 31 December 1994.

It is provided as follows-

1. The sum of $5,969 and any accumulations and additions to the sum forms the endowment of a fund called the "A.E. Bayne Bequest" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fund is used for thepromotio n of Medical Research in the University.

3. The Council may at any time direct that the whole of the capital of the fund or any part thereof be resorted to for the purpose or purposes stated above.

[Edit. am. 22/7/96, s. 3.mad e 5/7/99.]

16/7/99 R7.41 - J. N. PETERS BEQUEST

Recitals-

A. John Nicholas Peters, of St. Kilda, in the State of Victoria, ("the testator") who died on 1 September 1946 bequeathed to the University his residuary estate "to be,applied or used by the University as the Council ofthe University thinks desirable from time to time for the endowment of a research Lectureship or Associate Professorship" in the field of "the laws of heredity inman " and "the influence of heredity and environment on human characteristics".

B. The testator further provided that "should there at any time be any funds left over after making provision as aforesaid I would wish the same to be applied towards the cost of any research work in Anthropology or courses of lectures inAnthropolog y asth e said Council may determine."

C. The University received the equivalent of the sum of $27,624 in satisfaction of the bequest in 1949, and the capital ofthe fond at 31 December 1994 was $435,989.

It isprovide d as follows-

1. The sum of $435,989 and any accumulations and additions to the sum forms a fond called the "J. N. Peters Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fond isuse d to endow a research lectureship or readership in Genetics or Human Biology or otherwise in promoting the study of those subjects, with special reference to the influence of heredity and environment on human characteristics PROVIDED THAT, if at any time any funds are unexpended, after making such provision they must be applied towards the cost of research work or of a course of lectures in Anthropology.

3. The fund is administered by the Council on the recommendation of a committee it establishes from time to time. R7.42 - THE HALFORD ORATION

Recitals-

A. In 1928 members ofthe family of George Britton Halford, M.D., first professor of Physiology and Histology in the University, subscribed £1,000 to form an endowment 'to commemorate the work and researches' of their father, the founder of the first medical school in the southern hemisphere and 'to bring before the public some recent work in the Medical Sciences'.

B. The sum was administered from 1928 until 1947 by the Commonwealth of Australia through the Institute ofAnatom y at to endow an annual oration known as the Halford Oration.

C. In 1948 the sum and its accumulations, amounting to £1,192 10s. 6d., was by agreement transferred to the University to be administered in asimila r manner.

D. The sum of £1,192 10s. 6d increased to $8,148 at 31 December 1994.

It is provided as follows-

1. The sumo f $8,148 and any accumulations and additions to the sum forms the endowment of afond called the 'Halford Oration Fund' ('the fund') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fond is used to provide a triennial public lecture called the 'Halford Oration' on some recent work in the medical sciences.

3. Each lecturer is appointed by the Council on the recommendation of the faculty of Medicine, Dentistry and Health Sciences and receives a fee to be determined by the Council but which must not exceed the net income ofthe fund for the preceding three years.

4. Each lecturer must furnish a copy of his or her lecture to the senior vice-principal, who must deposit it in the University library.

[Am. 3/5/99, effective 1/7/99,Title and s. 4 am. 3/3/03/

13/3/03 R7.43 - THE HAROLD FORD CHAIR OF COMMERCIAL LAW FUND

Recitals-

A. In 1952 a number of subscribers undertook to give to the University the total sum of £17,700 for the purpose of establishing a chair of Commercial Law in the faculty of Law in the University.

B. Until an appointment to the Chair of Commercial Law was made the income ofthe fond was to be applied towards such purposes connected with the teaching of Law in the University as Council directed. On an appointment being made to the Chair the capital and income of the fond was to be treated as an initial fond for the maintenance ofthe chair.

C. In 2005 the Chair of Commercial Law established by this regulation was renamed The Harold Ford Chair of Commercial Law.

D. At 30 May 2005 the capital of the Chair of Commercial Law fund was $102,745.85 and the accumulated income was $26,361.20.

It is provided as follows-

1. The sum of $129,107.05 and any accumulations and additions to the sum forms a fond called the 'Chair of Commercial Law Fund' ('the fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income ofthe fund is to be applied towards the payment ofthe salary, including provision for his or her retirement, of the professor who holds the title of 'The Harold Ford Professor of Commercial Law' ('the professor').

3. The professor is to be appointed for such period and on such conditions as Council from time to time determines.

[Recital A am.,Recita l B subst., RecitalsC an d D made,s. l am.,ss .2 and 3subst , ss.4 ,5 an d Schedulerevoke d 5/9/05.]

12/12/05 R7.44 - LOCKIE BEQUEST

Recitals-

A. Mary Anne Margaret Lockie, late of 'The Caves', Mount Gambier, who died on 28 April, 1949, bequeathed her residuary estate to the University expressing her wishes in the following terms: 'It is my wish that the same shall be used for the advancement of Literature within Australia and I also wish that the name of "Lockie" shall be incorporated as far as possible in connection with the benefits under this bequest.'

B. The University received the sum of £24,000 in satisfaction ofthe bequest, which sum increased to $137,846 at 31 December 1994.

C. As at 8 June 2001 the capital ofthe bequest was $137,846.00 and accumulated income totalled $1,405.77.

It is provided as follows-

1. The sum of $137,84 6 and any accumulations and additions to the sum forms the endowment of a fond called the 'Lockie Bequest' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The fund is administered by the Council on the recommendation of tlie dean of the faculty of Arts ('the dean').

3. The income of the fond is used for the advancement of Literature in Australia and, without affecting the generality of that statement of purpose, the income may be used to enable instruction in literature to be given in Australia, to establish a prize for original literary composition or to promote tlie production and publication in book or periodical form of literary work on such terms as the Council trunks fit in each case. The Council must ensure that the name 'Lockie' be incorporated as far aspossibl e with any specific purpose for which the.income is used.

4. If in any year there is a surplus of unexpended income the Council may on the recommendation of the dean carry the surplus forward to a future year as income or may direct that it be invested by way of addition to the capital ofthe fond.

5. The Council may at any time direct that the whole ofthe capital ofthe fund or any part thereof be resorted to for thepurpos e or purposes stated above.

[s. 5. made 5/7/99, Recital C made, ss. 2 and 4 am. 2/7/01.

6/7/01 R7.45 - MOLLIE MAGDALENE WARREN HOFFMEYER FUND

Recitals-

A. Mary Warren, late of 194 Barnard Street, Bendigo, spinster, who died on 28 January 1952, bequeathed her residuary estate to the University in the following terms, namely, that the residuary estate-

"Shall go to and be payable to the University of Melbourne for the purposes of Cancer Research and I direct that the receipt of the Secretary or Treasurer of the said University shall be a sufficient discharge to my Trustees therefor providing an undertaking is given by the authorities of the University that the hereinbefore bequest of my residuary estate to it shall be used solely for the research of Cancer and that in connection therewith the name of my beloved niece, Mollie Magdalene Warren Hoffmeyer, shall always be associated with this bequest as my tribute to her memory."

B. The undertaking was given.

C. The University received £12,000 in satisfaction ofthe bequest, which sum increased to $27,508 at 31 December 1994.

It is provided as follows-

1. The sum of $27,508 and any accumulations and additions to the sum forms the endowment of a fund called the "Mollie Magdalene Warren Hoffmeyer Fund" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fund is used to promote and encourage Cancer Research.

3. The Council may at any time direct that the whole of the capital of the fund or any part thereof be resorted to for the purpose or purposes stated above.

[S. 3.mad e 5/7/99.]

16/7/99 R7.46 - THE KING GEORGE VI MEMORIAL FUND

Recitals-

A. The Council, in November 1953, launched an appeal to raise a fond for the establishment of chairs of Medicine and surgery in the University and for the furtherance of research in medicine and surgery.

B. The Council sought the approval of Her Majesty the Queen for the fund thus inaugurated to be called "The King George VI Memorial Fund for the Advancement of Medical Education in Victoria" which approval Her Majesty the Queen graciously gave.

C. The sum of £24,606 18s.wa s subscribed to the fond by the public, which sum increased to $37,759 at 31 December 1994.

It is provided as follows-

1. The sum of $37,759 and any accumulations and additions to the sum forms a fond called "The King George VI Memorial Fund for the Advancement of Medical Education in Victoria" ("the fond") and the fund must be invested as the Council from time to time directs.

2. The Council had power to direct the payment from the fond of any sum not exceeding £15,000 towards the establishment and maintenance of chairs of Medicine and Surgery during the years 1954 and 1955.

3. The capital and income of the remainder of the fund may be expended for the maintenance of the chairs of Medicine and Surgery and the furtherance of research in the subjects of Medicine and Surgery in Victoria in such amounts as the Council, after receiving the advice of the faculty of Medicine, Dentistry and Health Sciences, determines from time to time. Amounts which the Council determines to devote to research are fonds available for research within the meaning of Faculty of Medicine, Dentistry and Health Sciences Regulation 5.1.R2 made under Statute 5.1.7 so as to make their expenditure subject to recommendations of the Medical Research Committee under that regulation. When making any recommendation in respect of any such amount the Medical Research Committee must give priority to Clinical Research. R7.47 -TH E JAMES PARKER FUND

Recitals-

A. James Parker, of Tor Downs, Menindee, New South Wales, gave £200 to the University to establish a fond and to apply the income from the fund, in the following manner, for the benefit of the Rowden White library.

B. The sum of £200 increased to $1,123 at 31 December 1994.

It is provided as follows-

1. The sum of $1,12 3 and any accumulations and additions to the sum forms the endowment of a fond called the 'James Parker Fund' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income ofthe fond is used for the benefit ofthe Rowden White Library whether by the purchase of books or other publications or otherwise as the Council, on the recommendation fromtim e to time of the Melbourne University Student Union Incorporated, may deteirnine.

[s. 2 substituted and s. 3revoke d 4/9/00]

13/10/00 R7.49 - THE THEODORE FINK EDUCATION ENDOWMENT

Recitals-

A. In 1956 Mrs Hilda Elliott of Toorak, Victoria and Mr H. Roland Fink of South Yarra, Victoria gave the sum of £1,000 and £500 respectively to endow The Theodore Fink Education Endowment as a memorial to their father, Theodore Fink (1855-1942), chairman of the Royal Commission on Technical Education in Victoria between 1899-1901 and of the Royal Commission on the University of Melbourne between 1902-4.

B. Between 1962 and 1986 the University received further donations and a bequest from Mrs Elliott amounting to $27,200 and in 1982 adonatio n of $1,200 from Mrs Louise de Bretteville who was also a daughter ofTheodor e Fink.

C. At 20 January 2006 the capital ofthe fond, the Theodore Fink Endowment fond was $50,991.80 and the accumulated income was$24,413.15 .

It is provided as follows-

1. The sum of $75,404.95 and any accumulations and additions to the sum is to form the endowment of a fond called "The Theodore Fink Education Endowment" ("the fond") and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The income of the fond is to be used to assist in defraying the travelling and other expenses involved in assembling an annual seminar which must be held in Melbourne and which must be concerned with the historical or comparative study of Australian education or both for the purpose of advancing education in Australia.

3. Invitations to persons to attend a seminar with the assistance ofthe fond are made by Council on the recommendation ofthe dean ofthe faculty of Education ("the dean").

4. Each seminar is to be called the "The Theodore Fink Memorial Seminar inAustralia n Education".

5. Income of the fond remaining unexpended and the income in any year in which the dean of Education is of the opinion that it is impracticable to convene a seminar may, if Council, on the recommendation of the dean, so directs, be used to assist the publication of any study of Australian education which is historical or comparative or both and in default of any such direction must be added to the fund.

[Edit. am. 26/5/97,Recital s A-C subst., ss. 1-5 am. 6/3/06.]

6/3/06 R7.50 - THE ALLAN R. HENDERSON BEQUEST

Recitals-

A. Allan Roderick Henderson, late of South Yarra, solicitor, who died on 18 June 1956, bequeathed £3,000 to the University in the following terms-

"£3,000 (three thousand) to the University of Melbourne such sum to be held in trust and invested and the income from the investment thereof to be applied in the purchase of books for the Library thereof and without limiting the generality of the foregoing words and without imposing any legal obligation on the said University I express the wish that the books purchased shall be books to be used by students studying History and I request that such fond shall be called the 'Allan R. Henderson Bequest'."

B. The University received the sum of £3,000 in satisfaction of the bequest, which sum increased to $6,229 at 31 December 1994.

It isprovide d as follows-

1. The sum of $6,229 and any accumulations and additions to the sum forms the endowment of a fond called the "Allan R. Henderson Bequest" ("the fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income of die fond is used for the purchase of books on history for the University library. Books so purchased must bear abook-plat e indicating that they were provided from the fond.

[Edit, am 26/5/97.]

26/5/97 R7.51 - THE WILLIAM J. FOOTE BEQUEST

Recitals-

A. William James Foote, late of Parkville, formerly assistant librarian of the University library, who died on 4 July, 1952, bequeathed his residuary estate "upon trust for the University of Melbourne to be used for the endowment ofthe Library of that University".

B. The University received the sum of £3,341 in satisfaction of the bequest, which sum increased to $6,927 at 31 December 1994.

It is provided as follows-

1. The sum of $6,927 and any accumulations and additions to the sum forms the endowment of a fund called the "William J. Foote Bequest" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income of the fund is used for the purchase of books for the University library. Books so purchased must bear a book-plate indicating that they were provided from the fund.

3. The Council may at any time direct that the whole of the capital of the fund or any part thereof be resorted to for the purpose or purposes stated above.

[S. 3.mad e 5/7/99.]

16/7/99 R7.52 - THE RINGLAND ANDERSON CHAIR OF OPHTHALMOLOGY

Recitals-

A. In 1958 the University established a chair of Ophthalmology and appointed the first professor in 1963.

B. The Council resolved that the chair be known as the Ringland Anderson Chair in Ophthalmology.

C. The subscription fund for the chair which amounted to £43,279 in 1958 increased to $195,618 on 8 June2001 .

It isprovide d as follows-

1. The sum of $195,618 and any additions and accumulations towards the sum forms a fund called the Ringland Anderson Chair of Ophthalmology Fund ('the fund') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The annual net income ofthe fond is applied towards the payment ofthe salary including provision for his or her retirement of the professor who holds the title of 'The Ringland Anderson professor in Ophthalmology'.

3. The professor is appointed for such period and on such conditions as the Council from time to time determines.

[Made 2/7/01, Edit. Am. 16/11/01.]

16/11/01 R7.53 - ALLEN HOPE SOUTHEY MEMORIAL LECTURESHIP

Recitals-

A. In 1958 Mrs. Ethel T. Southey of Melbourne, Victoria, donated £1,000 to the University to provide a memorial to her late husband, Allen Hope Southey, who graduated as master of Laws in the University in 1917, and accepted the faculty of Law proposal that the money be used to endow a memorial lectureship.

B. The founder authorised the investment of the sum in any investment (whether authorised by the laws of the Commonwealth of Australia or any of its States or Territories for the investment of trust funds ornot ) which the Council from time to time thinksfit.

C. In 1987 members ofthe family ofthe late Mr. and Mrs. Southey donated the further sum of $5,600 for the purposes ofthe memorial lectureship.

D. At the date of the commencement of this regulation the capital sum of $7,800 was held in investments for the purposes ofthe lectureship, which sum increased to $10,300 at 31 December 1994.

It is provided as follows-

1. The sum of $10,300 and any accumulations and additions to the sum forms a fond called the "Southey Memorial Lectureship Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) In each year forty percent of the net income of the fond shall be added to the capital of the fond.

(2) The remaining income of the fond must be used to provide, not less frequently than biennially, a lecture or a series of lectures on asubjec t or subjects of interest to lawyers and, in the discretion of the faculty of Law ("the faculty"), to assist in meeting the cost of publishing the lecture or lectures.

(3) The lecturer or lecturers are appointed by the Council on the recommendation ofthe faculty. R7.54 - POSTGRADUATE MEDICAL EDUCATION FUND

Recital-

A fund was established for the purpose of encouraging medical education at the postgraduate level.

It is provided as follows-

1. All donations, devises or bequests received by the University for the purpose of encouraging medical education at the postgraduate level which are not subject to trusts requiring the retention of capital, any accumulations and additions to same together with such sums as the Council may from time to time determine form a fond known as the "Postgraduate Medical Education Fund" ("the fund") and the fond must be wholly or partly invested as the Council from time to time directs.

2. The net income ofthe fond and, if need be, the capital is used to provide medical education at the postgraduate level whether by courses of instruction, lectures by visitors from overseas or from other States or otherwise as the Council from time to time determines.

3. In administering the fund the Council acts only after consulting a committee it establishes from time totime . R7.55 - VETERINARY RESEARCH FUND

Recitals-

A. The University of Melbourne Veterinary School and Research Appeal sponsored by the Graziers' Association of Victoria was conducted for the purpose of providing a building for a school of Veterinary Science and for endowing aresearc h fund for Veterinary Science.

B. The University received £85,530, one half of which sum was used to provide a School of Veterinary Science.

C. The reminder of the sum increased to $285,316 at 31 December 1994, and forms the endowment of a fond called "The Veterinary Research Fund".

It is provided as follows-

1. One half of the total sum received by the conclusion of the appeal was used to provide a building for the school of Veterinary Science at the Veterinary Precinct Site, Parkville.

2. The remainder ofthe sum and any accumulations and additions to the sum forms the endowment of a fond called the "Veterinary Research Fund" ("the Fund").

3. The Council may invest the fund in any investment (whether authorised by the laws of the Commonwealth of Australia or any of its States or Territories for the investment of trust funds or not) which the Council thinks fit.

4. The net annual income of the fond is devoted by the Council to Veterinary Research in the University on the recommendation of aresearc h committee appointed by it from time to time.

5. An annual report of research conducted under this fond must be prepared by the committee and distributed as determined by the Council from time to time.

6. Any surplus income from the fond may be added to the fund or retained as income as the Council thinks fit.

[Edit.am . 16/7/99.]

16/7/99 R7.57 - The Ormond Chair Of Music

Recitals-

A. On 2 May 1887 the sum of £20,000 was paid by the Honourable Francis Ormond of Borriyallock in the Colony of Victoria, Member of the Legislative Council of Victoria, to the Chancellor and Council of the University in trust for the purpose of founding and endowing a chair of Music in the University with the intention of providing instruction in the science and art of Music in the University and for promoting musical culture in what was then the Colony of Victoria.

B. The capital ofthe fond was $61,454 at 31 December 1994.

C. In July 2000 the balance of the Conservatorium Vice-Directorship Fund, a non-trust fund of the University, amounting to $4,862 was added to The Ormond Chair of Music fund and the Conservatorium Vice-Directorship Fund closed.

D. The Capital ofthe fond stood at $153,268 on 31 July 2002.

It is provided as follows-

1. The chair so founded and endowed is called the 'Ormond Professorship of Music in the University of Melbourne'.

2. The sum of $61,454 forms a fond called 'The Ormond Chair of Music Fund' ('the fond') and any accumulations or additions to the sum must be paid into the fond and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

3. The income ofthe fond must be applied in payment ofthe ordinary expenses ofthe chair and ofthe stipend of the professor and of such provision for the professor's retirement if any as the Council may decide. Surplus income is to be reinvested and the additional income is to be added to the fond.

4. Provided the fund is never reduced below $40,000, the Council may direct that the capital of the fondb e resorted to for the above purposes.

[Recitals C and Dmad e 2/9/02.

13/9/02 R7.60-TH ESI RGEORG ETURNE RLECTURE S

A. The late Grace Melvin Turner formerly ofthe Hotel Windsor, Spring Street, Melbourne in Victoria, spinster ('the testatrix'), who died on 29 January 1959, by her will dated 1 December 1944('th e will') provided-

'4. I BEQUEATH the sum of TEN THOUSAND POUNDS together with any amount loaned by me to the Commonwealth of Australia free of interest and not repaid prior to my death toth e UNIVERSITY OF MELBOURNE to found a full- time lectureship in lawt o becalle d the "Sir George Turner Lectureship." Id ono t wish to fetter the University by any precise direction as to the duties of the said Lectureship realising that the teaching organisation of the University must undergo development in the course of time but it is my wish in making this bequest that the income thereof shall be used to provide for a definite addition to the teaching facilities offered by the University inth e Faculty of Law in the hope especially that the teachers in Law will be able by reason ofthe said Lectureship to give special attention to the abler students in their charge. I express it as a condition ofthi s trust that the University shall not utilise the said Lectureship asa substitute for the provision for legal education which it would otherwise find it necessary tomake. '

Regulation R7.60 'Sir George Turner Lectureship' was made by the University to govern the bequest.

B. By clauses 3 and 6 respectively of the will, the testatrix made a bequest to Trinity College to establish two funds, and a bequest to the University to establish 'The Lady Turner Exhibitions in Music', the latter being governed by Regulation R6.133.

C. Clause 22 of the will provided that the residue of the estate of the testatrix was to be divided into four parts, for addition to the four funds to be established by Trinity College and the University. However, by a codicil dated 2 February 1951,th e testatrix made two additional bequests to Janet Clarke Hall and University Women's College, and divided her residuary estate into six parts, each part to be added in the nominated proportions to the six funds which were required by the will,a saltere d byth ecodicil ,t o be established.

D. On 9 September 1929 the testatrix, together with her sister Mary, donated £500 to the University to perpetuate the memory of their father Sir George Turner P.C, K.C.M.G ('Sir George'), the fund being governed by Regulation R6.52 'Sir George Turner Exhibition'. In 1932, the sisters, donated £200 to perpetuate the memory of their mother, Lady Turner. That donation is governed by Regulation R6.72 (17) 'Lady Turner Prizes in Music'.

E. Sir George was born on 8 August 1851,complete d the articled clerks course and was admitted to practice in 1881.H e was Mayor of St Kilda from 1887 to 1888,electe d to the Legislative Assembly in 1889an d became Solicitor-General for Victoria in 1892.I n 1894 he became Premier of Victoria. In 1897 he was appointed KCMG and a Privy Councillor, also receiving honoraiy degrees from Oxford and Cambridge Universities intha t year. Heresigne d in February 1901t o enter Federal politics,becomin g Treasurer and presenting thefirst fou r Commonwealth budgets. He later resumed legal practice in partnership with a son, George John, and their firm merged with the firm of Corr and Corr in 1907. From 1906 he was Chairman of Commissioners ofthe State Savings Bank of Victoria. Hedie d on 13Augus t 1916.

F. From as early as 1978 the income from the fund known as 'Sir George Turner Lectureship' was insufficient to pay the salary and associated costs of a lecturer. As a result the University applied to the Supreme Court of Victoria for approval of a cy pres scheme and incidental orders.

G. On 12Octobe r 2005,Th e Honourable Justice Morris ofthe Supreme Court of Victoria, made, inter alia,th e following declarations andorders :

'1. Declare that the disposition under clause 4 ofthe will ofthe late Grace Melvin Turner dated 1 December 1944, has ceased to provide a suitable and effective method of applying the income and capital ofthe charitable fond known as The Sir George Turner Lectureship established by the Plaintiff pursuant toth e terms ofthe disposition.

2. The Sir George Turner Lectureship established by the gift to the Plaintiff under clause 4 ofthe will ofthe late Grace Melvin Turner dated 1Decembe r 1944 is to be applied cy-pres in accordance with the cy-pres scheme annexed as Schedule At o these orders.'

Schedule At o the orders provided that-

'(i) The income of the fond be applied to providing annually a lecture or series of lectures called The Sir George Turner Lecture or Lectures as the case may be, on asubjec t or subjects of interest in law;an d

(ii) Such lecture or lectures must not be a substitute for the provision for legal education which theUniversit y otherwise would find itnecessar y tomake. '

H. In or about October 1961, the University received approximately £10,000 in satisfaction ofthe bequest made in clause4 ofthe will.

I. At 17Jul y 2008,th e amount ofthe fund was $234,002.86.

It isprovide d as follows-

1. The sum of $234,002.86 and any accumulations and additions to the sum, forms afond called 'The Sir George Turner Lectures' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The income of the fond is to be applied by the University to providing annually a lecture or series of lectures called The Sir George Turner Lecture or Lectures as the case may be, on a subject or subjects of interest in law, on the recommendation of the dean of Melbourne Law School.

3. The lecture or lectures must not be a substitute for the provision for legal education which the University otherwise would find itnecessar y to make.

[Revokedan dremad e1/9/08. ] R7.61 - G. E. M. SCOTT BEQUEST

Recitals-

A. George Ernest Mueller Scott late of 104 Caroline Street South Yarra in the State of Victoria, medical practitioner, who died on 29 January 1953 made certain bequests, and directed his trustee on the happening of certain events described in his will and four codicils, which events have happened, to divide the whole of his residuary estate together with any accumulations of income which might have accrued thereto into two equal half parts or shares, and further directed his trustee to transfer one of such half parts or shares to the University of Melbourne in the following terms:

"AND I DECLARE THAT WHEREAS an Act of Parliament of die State of Victoria entitled 'An Act to consolidate the law relating to the University of Melbourne' which may be cited as the University Act 1928 was on the twelfth day of February One thousand nine hundred and twenty nine passed by the said Parliament of the said State whereby it was enacted inter alia that where trust property constituting the endowment of any scholarship exhibition or prize awarded by the University or constituting any other endowment of the University is held by trustees other than the body politic and corporate of the University itself the person having power to appoint new trustees may by deed appoint the corporation to be the custodian trustee of the trust property AND WHEREAS it is further enacted by the said Act of Parliament of the said State that the management of the trust property and the exercise of any power or discretion exerciseable by the trustees under the trust shall remain vested in the trustees other than the corporation which trustees are in the said Act of Parliament of the said State referred to as the "managing trustees" AND WHEREAS an Act of the said Parliament of the said State which may be cited as the Trustee Act 1928 provides inter alia that a separate set of trustees for the whole or any part of trust property may on the appointment of a trustee for the whole or anypar t of trust property be appointed for any part of the trust property on trusts distinct from those relating to any other part or parts of the trust property NOW I HEREBY DECLARE that my trustees shall in the exercise of the trusts of my said Will and Codicils thereto directing that a half part or share of my residuary estate shall be transferred to tlie said University of Melbourne by deed appoint the corporation of the said University of Melbourne to be the custodian trustee ofthe said property being the said half share or part of my residuary estate directed to be transferred to the said University of Melbourne. AND I FURTHER DECLARE that my trustee in the exercise of the power or discretion aforesaid respecting the trust property shall so act as to ensure that the income derived from such trust property shall be used by the said corporation of the University of Melbourne to supplement the salaries to be paid to any Lecturer or Lecturers appointed by the said University to lecture within the precincts and on the premises of the said University AND I FURTHER DECLARE that the provisions of the said the University Act 1928 or any of them or any other enactment of the said Parliament having the same object or objects as the said Act which may hereafter be passed by the said Parliament shall apply and be effective in the trust herein declared and by the same in respect ofthe transfer to the said corporation ofthe said University by mytrustees. "

B. By a deed dated 2 August 1962 the trustee appointed the University to be the custodian trustee of the one half part or share described above.

C. The University received £41,017 14s. lOd. and property more particularly specified in the schedule to the deed of an approximate value of £8,670, together with accrued interest.

D. The trustee directed that the income from the fund may be applied as follows.

E. The sum of £49,700 increased to $1,171,96 2 at 31 December 1994.

It isprovide d as follows:

1. The sum of $1,171,96 2 together with the property and any accumulations and additions to both the sum and the property form the endowment of a fond known as the "G. E. M. Scott Bequest" and, so far as applicable, must be paid into an investment pool and remain there until the Council directs otherwise.

24/4/98 R7.61 G. E. M. SCOTT BEQUEST

2. The income of the fund must be applied on the recommendation of a committee appointed by the Council ("the committee") in accordance with directions or guidelines approved from time to time by the trustee to the provision of grants or loans to supplement the salaries of any member or members of the academic staff appointed by the University to lecture within the precincts and on the premises of the University in such manner and on such conditions as the committee in accordance with the directions or guidelines may from time to time recommend.

3. In any case of doubt the Council must apply toth e trustee for further direction.

[Edit am. 24/4/98.]

24/4/98 R7.62 - J. E. TAYLOR BEQUEST Recital- John Edmund Taylor, late of Lansell Road, Toorak in the State of Victoria, timber merchant who died on 17 December 1943,bequeathe d certain legacies and annuities and subject to those directed his trustees to divide the proceeds of the residuary trust fund created by the will into 24 equal parts and to pay the income arising from three such equal parts to the University as follows-

"To hold TWO of such parts UPON TRUST to invest the same and to pay the income thereof in perpetuity to the University of Melbourne to be applied for the purpose of investigating the cause and treatment of Asthma.

To hold ONE of such parts UPON TRUST to invest the same and to pay the income thereof in perpetuity to the University of Melbourne to be applied for the purpose of investigating the cause and treatment of Cancer".

It is provided as follows:

1. Income received by the University from the three equal 24th parts of the residuary trust fond, created by the will of J. E. Taylor deceased, is applied on the advice of the Medical Research Committee ofthe faculty of Medicine, Dentistry and Health Sciences-

(a) as to the income received from two equal parts, for the purpose of investigating the cause and treatment of Asthma; and

(b) as to the income received from the third equal part, for the purpose of investigating the cause and treatment of Cancer. R7.63 -TH E BEHREND MEMORIAL LECTURE IN MATHEMATICS

Recitals-

A. Daisy Behrend of Melbourne in the State of Victoria gave £500 to the University to provide a memorial to her late husband Felix Behrend, formerly Associate Professor in the department of Mathematics in the University, to endow a lecture to be called the "Behrend Memorial Lecture in Mathematics".

B. The donor directed that the sum be invested in securities authorised by the laws of the Commonwealth of Australia or any of its States or Territories for the investment of trust funds or in debentures of or preference or ordinary shares or stock units in any company or in any other investment as the Council from time to time thinks fit.

C. The sum of £500 increased to $12,42 4 at 31 December 1994.

It is provided as follows:

1. The sum of $12,424 and any accumulations and additions to the sum forms the endowment of a lectureship to be known as the "Behrend Memorial Lectureship in Mathematics" ("the fond") and the fond must be invested in such of the abovementioned investments as the Council from time to time directs.

2. (1) The net income ofthe endowment is used to provide a lecture or series of lectures on some aspects of Mathematics and to assist in defraying the cost of publicizing such lecture or lectures.

(2) The lectureship must, as determined from time to time by the Council, be available either annually or biennially.

3. The lecturer is appointed by the Council on the recommendation ofthe professor who is at the time the head of the department of Mathematics ("the department"). Before making such recommendation the professor must consult with the other professors in the department.

4. Any unexpended income may be added to the endowment or retained as income as the Council thinks fit. R7.64 - THE DENTAL ALUMNI RESEARCH FOUNDATION

Recitals-

A. The University received the sum of £7,000 for the establishment of a fond for the endowment of research related to dental science to be known as 'The Dental Alumni Research Foundation'.

B. The sum of £7,000 remained at $14,000 at 31 December 1994.

It isprovide d as follows-

1. The sum of $14,000 forms a fund (hereinafter called 'the fund') known as 'The Dental Alumni Research Foundation' which is hereby established which, together with any further sums which may be received for the purpose and with its accumulations, forms an endowment for research related to Dental Science and is invested as the Council may from time to time direct.

2. Capital and income of the fond is to be applied as hereinafter provided.

3. The Council, on the recommendation of the head of the school of Dental Science ("the head"), may, from time to time-

(i) grant to any person conducting research related to dental science such financial assistance as the head thinks fit, whether by appointing such persons as research scholars or by paying necessary expenses, of research or otherwise, or

(ii) provide equipment and build, or alter, buildings for research in the school of Dental Science or grant financial assistance for these purposes.

4. Every research scholar appointed under this regulation is known as a 'Dental Alumni Research Scholar' and any work published by such a scholar or by any person whose work has been substantially assisted from the fond must contain an acknowledgment of such assistance.

[s. 2 substituted, ss. 3 and 5 revoked and 4 and 6 renumbered 3 and 4, s. 3 am. 6/11/00.]

6/11/00 R7.66 - THE W. M. AND A. V.EGGLESTO N TRUST

Recitals-

A. Annie Victoria Eggleston, late of Balaclava in the State of Victoria, married woman, who died on _ 23 January 1954, after bequeathing certain legacies, directed her trustees to convert into money her residuary estate and to invest the same as authorised by law and to pay the income to her husband William Moulton Eggleston during his lifetime and after his death to pay all investments representing the residuary estate to the University of Melbourne as a trust fond to be held and invested by it in perpetuity and declared that the income from the fond be applied by the University in the manner specifically described in section 2.

B. William Moulton Eggleston died on 3Novembe r 1961.

C. The University received £5,850 in satisfaction ofthe bequest, which sum increased to $17,854 at 31 December 1994.

It is provided as follows-

1. The sum of $17,854 and any accumulations and additions to the sum forms a fond called the 'W. M. and A. V Eggleston Trust' ('the fond') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe trust is applied for the benefit and advancement generally of Dental Education in the State of Victoria and without limiting the generality of the foregoing for any one or more of the following purposes:

(i) the general advancement and teaching of dental science;

(ii) the assistance or encouragement (by financial payments or otherwise) of any students for the time being of dental science;

(iii) the provision of special lectures, demonstrations, scholarships and the like for the assistance and encouragement of any student or students for the time being of dental science;

(iv) the assistance or encouragement (by financial payments or otherwise) of post-graduate dental education;

(v) the purpose of research in any matter directly or indirectly pertaining to dental science; or

(vi) the purchase of books for the library in the school of Dental Science ('the school'), in such manner and to such extent as the head for the time being ofthe school ('the head') thinks fit.

3. The head must report annually to the Council his or her recommendation for the expenditure ofthe income.

[s. 4 revoked 4/9/00.]

13/10/00 R7.67 -TH E CORNELIUS REGAN TRUST

Recitals-

A. Cornelius Regan late of Upper Hawthorn in Victoria bequeathed £5,000 to the University subject to the condition (among others) that income from its investment be devoted "to educational purposes in connection with the University" and declared that the Council of the University in its absolute and unrestricted discretion determines the nature and scope of those educational purposes.

B. The University received £5,000 in satisfaction of the bequest, which sum increased to $40,000 at 31 December 1994.

It isprovide d as follows-

1. The sum of $40,000 and any accumulations and additions to the sum forms a fond called "The Cornelius Regan Trust" ("the fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income of the fond is applied from time to time as the Council thinks fit in assisting members of staff to attend professional conferences in connection with their work in the University, or for other educational purposes inconnectio n with the University. R7.68 - THE HEATHER JENKIN RESEARCH LIBRARY FUND

Recitals-

A. Hazel Gertrude Burnet (Lady Bumet) late of 48 Monomeath Avenue Canterbury during her lifetime made a number of donations amounting to $15,000 to the University to establish and maintain "The Heather Jenkin Research Library Fund" ("the fund") in the Department of Microbiology in memory of her daughter, the late Heather Jenkin.

B. Lady Burnet directed that the net income of the fund be applied from time to time by the Council after consultation with the professor or professors of Microbiology to any or all of the following purposes-

"(a) The provision of scientific books,journals , periodicals and publications ofa n educational character for use in the Heather Jenkin Research Library in the School of Microbiology.

(b) Should there be available any surplus income after making provision as aforesaid such surplus may be applied towards the maintenance and upkeep of such part of the building in the School of Microbiology in which the Heather Jenkin Research Library is from time to time situated, including painting, repairs and floor coverings, or towards the provision of special equipment for educational purposes connected with the School of Microbiology."

C. The donors, with a view to obtaining the highest possible return with reasonable security, requested that the fond be invested in authorised trust investments or in stocks or shares (whether ordinary or preference or otherwise) or in bonds or notes (secured or otherwise) or in mortgages or debentures or debenture stock of any company incorporated under the laws of the Commonwealth of Australia or of any State thereof or of any other country with power from time to time to vary any such investment.

D. The grandchildren of the late Henry G. Foletta, formerly of Melbourne, who were Heather Jenkin's cousins, also donated various sums for the purposes of thefond.

E. Sir Frank Macfarlane Bumet late of Canterbury, the stepfather of Heather Jenkin, bequeathed a legacy of $5,000 to the University in her memory for the purposes ofthe fond.

F. Lady Bumet died on 4 October 1990 and bequeathed to the University the residue of her estate for the purposes ofthe fond.

G. By clause 13 of her will Lady Bumet, in the administration of the residuary estate (in the will called "the said sum"), directed that investment powers of the Council of the University should not be restricted to investments from time to time sanctioned by law for the investment of trust funds but should be free to accept and retain the investments in which the residuary estate is invested or to invest the residuary estate or any part thereof in any way in which the Council in its absolute discretion might think fit in all respects as if it were the sole beneficial owner of the residuary estate and could from time to time vary or transpose such investments.

H. The donations referred to in recitals A, B and E are called "the original fund" and the bequest referred to in recital F iscalle d "the Lady Burnet bequest".

I. As the original purposes of the fund establishing the trust and the directions in the will of Lady Burnet are almost identical and the powers of investment granted to the University by the donors and by Clause 13 of Lady Burnet's will give the University wide powers of investment for the original fond and the Lady Burnet bequest, the University has amalgamated the original fond and the Lady Bumet bequest to form one fund which will continue to be called "The Heather Jenkin Research Library Fund".

J. As the result of the amalgamation of the original fond and the Lady Burnet bequest together with the accretions to capital over the years since the original fund was established in 1965,th e capital ofthe fond at 31Decembe r 1995 is $1,606,106.

K. As the University has since the date of establishment of the original fund followed the directions

17/5/96 of the original donors in respect of the investment of the fund, although Lady Burnet has given wider powers of investment under her will, the University will continue, until council decides in its discretion to do otherwise, to invest the fund in accordance with the directions of the original donors, for ease and economy of administration.

It isprovide d as follows-

1. The sum of $1,606,106 and any accumulations and additions to the sum forms a fund called the "Heather Jenkin Research Library Fund" and mayb e invested in authorised trust investments or in stocks or shares (whether ordinary preference or otherwise) or inbond s or notes (whether secured or otherwise) or in mortgages or debentures or debenture stock of any company incorporated under the laws of the Commonwealth of Australia or of any State thereof or of any other country with power from time to time to vary any such investment.

2. The net income from the fund shall be applied from time to time by the Council after consultation with theprofessor or professors of Microbiology to any or all ofthe following purposes-

(a) The provision of scientific books, journals, periodicals and publications of an educational character for use in the Heather Jenkin Research Library in the School of Microbiology.

(b) Should there be available any surplus income after making provision as aforesaid such surplus may be applied towards the maintenance and upkeep of such part of the building in the School of Microbiology in which the Heather Jenkin Research Library is from time to time situated, including painting, repairs and floor coverings, or towards the provision of special equipment for educational purposes connected with the School of Microbiology.

[Edit.am . 17/5/96.]

17/5/96 R7.69 -J . R. KINSMAN FUND

Recitals-

A. Joseph Roy Kinsman, formerly of Toorak, in the state of Victoria and a director of Hemingway Robertson Proprietary Limited, bequeathed to the University a share of his residuary estate.

B. The University received £17,420 insatisfactio n ofthe bequest.

C. The sumo f £17,42 0 increased to $51,118 at 31 December 1994.

It isprovide d as follows-

1. The sum of $51,118 and any accumulations and additions to the sum forms a fund called the 'J.R. Kinsman Fund' ('the fund') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income from the fond is applied by the Council to promote and encourage in the University teaching and research in Economics and Commerce and generally for such related purposes as the faculty of Economics and Commerce ('the faculty') may recommend.

3. Any unexpended income may be accumulated for subsequent expenditure or may be added to the fund, as the Council, on the recommendation ofthe faculty, determines. R7.70 -F.A . KERNOT BEQUEST

Recitals-

A. The Australian College of Dentistry in 1929 received from the trustees of the estate of the late Frederick Archer Kernot formerly of Kooyong in Victoria cash and securities valued at approximately £5,500 to be called the "F.A. Kernot Bequest", the income from the bequest to be devoted to special research on subjects connected with dental science as the College may in its discretion think desirable, or if not required for the purposes of such research, then to the purchase of books dealing with dental science to establish the nucleus of a library (all such books to bear an imprint identifying them with the name and bequest of F.A. Kemot).

B. The College has continued to devote the income to the specified purposes.

C. The functions of the College in relation to teaching in Dental Science have been assumed by the University which, at the request of the College and with the consent of the trustees, has agreed to accept a transfer of the cash and securities and to devote the income from them to the purposes specified inth e trust.

D. The value of transferred cash and securities increased to $51,022 at 31 December 1994.

It is provided as follows-

1. The cash and securities valued at $51,022 and any accumulations and additions to them form a fond known as the "F.A. Kemot Bequest" ("the fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income of the fond is applied from time to time by the Council on the recommendation of the school of Dental Science for purposes of special research on subjects connected with Dental Science:

Provided that if any part of the net income is not required for the purposes of special research it may be used for the purchase of books dealing with dental science to establish the nucleus of a library. Each such book must bear an inscription indicating that it was purchased from the F.A. Kemot Bequest. R7.71 - THE H. L. AND M. DE C. WILKINSON FOUNDATION

Recitals-

A. In 1950 Mr. H. L. Wilkinson of Malvern in Victoria gave the University two hundred shares in AW Allen Limited on the following conditions-

"1 . The gift shall be known as "The H. L. and M de C. Wilkinson Foundation".

2. The said shares or the substitutes for them shall be held for the benefit of the Conservatorium ofMusi c which shall be credited with the income as it is received.

3. The Council ofthe University may at its discretion at any time sell up to 150 ofthe said shares. The proceeds of any such sale shall, at the absolute discretion of the Council be invested in ordinary shares of leading Victorian companies.

4. The income from the gift or from the investments representing the gift from time to time shall be applied in the purchase of music and gramophone records of music newly produced or published in Europe and/or America, but shall not be used to purchase music or gramophone records readily available in Australia.

5. The music and gramophone records purchased pursuant to clause 4 shall be placed in the Conservatorium building and shall not at any time be removed therefrom and shall be accommodated separately from other music and gramophone records and inscribed "The Gift ofthe H. L. and M. de C. Wilkinson Foundation".

B. The purposes for which the conservatorium was established are now carried out by the faculty of Music and the name "University Conservatorium of Music" has been discontinued.

C. The shares comprising the original gift were later converted to shares in a new company known as Aliens Holdings Limited, all of which were compulsorily acquired by Rothmans Holdings Ltd in 1985.

D. The shares in Rothmans Holdings were subsequently sold and the proceeds were re-invested in various securities in accordance with the discretion vested in the Council by the donor.

E. The securities were valued at $64,789 at 31 December 1995.

It is provided as follows-

1. The securities referred to in Recital D and any securities that may be substituted for them together with any accretions to them form "The H. L. and M. de C. Wilkinson Foundation ("the foundation").

2. The Council may at its discretion sell all or any of the securities which comprise the capital of the foundation and re-invest the proceeds.

3. The net income ofthe foundation must be used by the Council to purchase music and electronic and other representations of the performance of music ("recordings") newly produced or published in Europe or America but not readily available in Australia.

4. All music and recordings purchased under section 3 must be placed in tlie building in which is conducted the practical instruction in music for the courses of study supervised by the faculty of Music and there kept separate from other music and records and must bear an inscription as follows- "The gift ofTh e H. L. and M. de C. Wilkinson Foundation".

[Reg. substituted 1/7/96.]

22/7/96 R7.73 - THE CHARLES DUPLAJN LLOYD TRUST

Recitals-

A. Charles Duplan Lloyd, late of Malvern in the State of Victoria, by his will directed that a share of his residuary estate should be paid by bis trustees to the University of Melbourne "to endow a fund to be called 'The Charles Duplan Lloyd Trust' to be applied for the advancement and encouragement of learning in such manner as the Council ofthe said University shall determine".

B. The University received $46,412 in satisfaction of thebequest , which sum increased to $107,14 6 at 31 December 1994.

It isprovide d as follows-

1. The sum of $107,146 and any accumulations and additions to the sum forms a fund called "The Charles Duplan Lloyd Trust" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income of the fond is applied by the University for the advancement and encouragement of learning in such manner as the Council determines from time to time. R7.74 - THE JOHN LATHAM AND FLOYD BLAIR MEMORIAL LECTURESHIP

Recital-

The Australian-American Association has undertaken to give the University a sum of money to constitute a fond for the purpose of financing the giving of lectures at the University by distinguished Americans, and whereas the founder has authorised the investment of the sum in any investment (whether authorised by the laws ofthe Commonwealth of Australia or any of its States or Territories for the investment of trust funds or not) which the Council from time to time thinks fit.

It is provided as follows-

1. The sum and any accumulations and additions to the sum forms a fond called the "John Latham and Floyd Blair Memorial Lectureship Fund" ("the fund") and the fond must be invested by Council in accordance with the recital on the recommendation of the committee referred to in section 5.

2. The net annual income of the fond is used from time to time to provide for the giving of lectures by distinguished Americans.

3. If at any time the income is insufficient to provide for the purposes specified in section 2 the Council may at any time and from time to time direct that the capital of the fond be resorted to in order to provide for such purposes.

4. Such lectures are known as the "John Latham and Floyd Blair Lectures".

5. The fond is administered by tlie Council on the recommendation of a standing committee ofthe Council approved by the Council.

6. Any unspent income of the fund in any year must be added to the capital of the fond but nevertheless remains available to be used as income in any subsequent year as the Council on the recommendation ofthe committee thinks fit. R7.75- LESSER ENDOWMENTS

The sums of money listed in the schedule have been accepted by the University for the purpose of endowments othertha n those for prizes,exhibition s and scholarships on the conditions set out.

It isprovide d as follows-

1. Subject to any direction to the contrary in the gift each of the sums and any accumulations and additions to them must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income from each sum, subject to the deduction of necessary expenses, is applied to the purposes ofthe appropriate endowment asse t out in the schedule.

3. Any surplus or unexpended income from any ofthe sums must, unless Council directs otherwise, beadde d to the amount ofthe appropriate sum.

SCHEDULE

(1948) ALDWORTH (CRAIG) Donor: By subscription from the former students of MEMORIAL Aldworth Preparatory School. The income of the fund is Original Amount of Fund:$30 0 used for the purchase of books for the library. All books purchased must be inscribed 'Presented by the Aldworth (Craig) Memorial.'

2. (1966) KENNEL CONTROL Donor: Kennel Control Council of Victoria. The income COUNCIL CANINE of the fund is used by the Council on the recommendation RESEARCH TRUST of the faculty of Veterinary Science for research into the Original Amount of Fund: carean d health of dogs. $1,162

(1968) G. W. LEEPER Donor: By subscription from friends and associates of COLLECTION FUND Professor Geoffrey Winthrop Leeper, soil scientist and Original Amount of Fund: former professor of Agricultural Chemistry at the $1,299 University. Council hereby authorises the dean of Melbourne School Land and Environment ('MSLE') on the recommendation of the head of the department of Agriculture and Food Systems within MSLE to spend the income of the fund for the purchase of books, journals (includingjourna l subscriptions) and other publications on scientific and literary criticism and the philosophy of science for the 'School of Agriculture Library'. All items purchased must be inscribed "Presented by the Geoffrey Leeper Collection Fund. (1949) MICHELL-BARNARD Donor: Mathematical Association of Victoria and others. FUND The income of the fund is used for the purchase of books Original Amount of Fund:$30 1 for the Mathematics Departmental Library. All books purchased must be inscribed 'Purchased by the Michell-Barnard Fund'.

(1968) ERNST MATTHAEI Donor: By subscription of friends of Ernst Matthaei. The MEMORIAL FUND income of the fund is used to establish and maintain Original Amount of Fund:$63 3 (within the University) a glass collection, particularly of early wine and drinking glasses.

( )R.M . & R. CRAWFORD Donor: Professor Emeritus Raymond Maxwell Crawford FUND and his wife Ruth Crawford. The capital ofthe fund may Original Amount of Fund: be invested in securities other than authorised trustee $1,000 investments. The income of the fund is used for the purposes of the department of History on the recommendation of the Ernest Scott professor of History and the MaxCrawfor d professor of History. R7.75 LESSER ENDOWMENTS

7. (1973) SPERO WILSON Donor: Vera Muriel Wilson, mother of the late Spero MEMORIAL FUND Wilson. From 2008 the faculty of Law became a graduate Original Amount ofFund : school established as a faculty known as Melbourne Law $4,581 School ('MLS'). The income ofthe fund is used to provide annual scholarships for students in MLS, to be called the Spero Wilson Memorial Scholarships, or for the purchase of books for students in MLS or for any other purposes as the dean of MLS in his or her absolute discretion determines, provided that every purpose for which the income is expended must be associated with the name of Spero Wilson. ( ) FRITZ DURAS Donor: By subscription of friends of Fritz Duras. The net MEMORIAL FUND income ofthe fund is used to assist in the provision of a Original Amount of Fund: memorial lecture to be delivered biennially at the national $1,726 conference of the Australian Council for Health, Physical Education and Recreation or such other national conference of teachers of Physical Education as the Council ofthe University from time to time directs.

9. ( )KITSO N CLARK FUND Donor: Dr. G. Kitson Clark. The net income ofthe fund is Original amount of Fund: to be used for the purchase of books, or other items of $2,724 equipment for use in the department of History on the recommendation ofthe head ofthe department.

10. (1999) ROBINA ALISON Donor: On 26 April 1994 Mrs. Robina Alison Hindhaugh HINDHAUGH BEQUEST by her will bequeathed to the University for the purpose of Original Amount of assisting in financing the department of Medicine situated Fund: $74,938.63 in the Royal Melbourne Hospital in its research into and the treatment of rheumatic diseases. In each year the net annual income of the fund is to be used for the purpose unless the Council, at the request of the department, approves aresor t to the capital ofthe fund for the purpose.

11. (1999) ELIZABETH ANNE Donor: In August 1986 Mrs. Elizabeth Anne Foote by her FOOTE will bequeathed to the University for the purpose of Original Amount of assisting the department of Medicine at the Royal Fund: $88,966.75 Melbourne Hospital. In each year the net annual income of the fund is to be used for the purpose unless the Council, at the request ofthe department, approves aresor t toth e capital ofthe fond for the purpose.

12. (1975) MARY FISHER Donor: Mary Fisher Meyer by her will. The income ofthe MEYER BEQUEST fund is to be used from time to time to buy rare books for Original Amount of Fund: the Medical Rare Book Collection in the Brownless $20,000 Medical Library or put towards extensions to that Library. Amount of Fund at All books acquired from this bequest must record that they 1 October 1999:$58,634.0 0 were purchased from the fund. The Council at any time may direct that the whole or any part of the capital be resorted to for this purpose. LESSER ENDOWMENTS R7.75

13. (1976) ANDREW KELSO Donors: Mr and Mrs Graham Kelso, parents of Andrew MEMORIAL FUND Kelso, a Forestry student killed climbing in the New Original Amount of Fund: $2,500 Zealand Alps in 1976. Council hereby authorises the dean of Melbourne School of Land and Environment on the recommendation of the head of the department of Forest and Ecosystem Science to approve the purchase of books for the department of Forest and Ecosystem Science within Melbourne School of Land and Environment. Books bought from the fund must bear the memorial inscription as notified toth edonors . 14. (1992) BETTY ROSALIE Donor: Betty Rosalie Richards by her will. The annual RICHARDS BEQUEST income of the fund is used for the benefit of the faculty of Original Amount of Fund: Veterinary Science ('the faculty') at Werribee on the $50,000 recommendation of the dean of the faculty. The Council Amount ofFun d at 31 October may at any time direct that the whole or part ofthe capital 1999:$51,62 0 beresorte d to for this purpose.

15. (1969) INTERNATIONAL Donor: The Australian Universities Festival Choir of UNIVERSITIES CHORAL Melbourne. The University agreed to establish a fond to FESTIVAL FUND support the Australian Universities Festival Choir of Original Amount of Fund: Melbourne for the purpose of assisting future international $39,950 university choir projects. The fund is administered by the Amount of Fund at 31 October faculty of Music, on whose recommendation the Council 1999: $12,000 may direct that capital may be resorted to for the purpose stated above.

16. (1966) PERCIVAL GEORGE Donor: Percival George Charker by his will. The bequest CHARKER BEQUEST is 'to be used at the discretion of the Registrar for the Original Amount of Fund: promotion of the study of Mathematics within the $568.78 University.'. The role ofthe registrar ist o be exercised by Amount of Fund at 31 October the senior vice-principal, the office of registrar having 1999:$8,579.8 8 been abolished.

17. (1962) CLIVE DISHER Donor: Dr. (Harold) Clive Disher, CBE, ED, TRUST FUND MD, DA(RCP&S), OSU, a graduate of the University, Original Amount of Fund: stroke of the AlF No. 1 Crew which won the King's Cup $1,000 for Allied Service Eights at Royal Henly Peace Regatta in Amount ofFun d at 1919 for which he was named 'Athlete ofthe Year' for 31Octobe r 1999:$7,100.0 0 Australasia, for the Helms Trophy. Clive Disher was one of Australia's great oarsmen and he was a patron of the Melbourne University Boat Club ('the club'). He donated £500 to the University to establish the 'Clive Disher Trust Fund', directing that the income be paid annually to the club, preferably for the purpose of meeting the expenses of Inter Varsity Crew.

18. (1986) DULCIE GAM TRUST Donors: In 1986 Mrs. Dulcie Gam of Wauchope, in the Original Donation: 800 property State of Victoria, donated to the University 800 units trust unitsvalue d at $8,480 valued at $8,480 in the Hooker Prime Property Growth Amount ofFun d at 31 October Fund which later became the Colonial Mutual Prime 1999, following sale ofthe units Property Securities Fund. The University sold the units in in 1999:$26,86 1 1999 for $26,861. The net annual income ofthe fund ist o be used for research into tinnitus and deafness provided that, in the event of such research being discontinued, iti s to be used for similar research in the department of Otolaryngology ('the department'). Expenditure of the income is to be approved by the Council on the recommendation ofthe head ofthe department. R7.75 LESSER ENDOWMENTS

19. (1984) INTERNATIONAL Donors: The R.E. Ross Trust. The net annual income of HOUSE TUTORSHIP FUND the fund is to be used by the Council of International Original Amount of Fund: House to provide atutoria l program in English as a second $37,500 language for students resident in International House. Amount of Fund at 31 October 1999:$199,06 8

20. (1969) LORNA STIRLING Donor: The Council of International House allocated TUTORSHIP FUND $20,000 from the bequest of Miss L.M.B. Stirling to Original Amount of Fund: establish a separate fund called the Lorna Stirling $20,000 Tutorship Fund ('the fund'). The net annual income ofthe Amount of Fund at3 1 October fund is to be used to provide the salary of a tutoring 1999:$61,60 0 program for students resident in International House.

21. (1984) ARTHUR FRASER Donor: Arthur Fraser of Langwarrin, Victoria who died in BEQUEST 1984 bequeathed to the University the residue of his estate Original Amount of Bequest: for cardiovascular research. The income of the fond is $48,414 applied by the Council on the recommendation ofthe head Amount of Fund asa t2 7 of the department of Pathology for cardiovascular February2001 : research. Capital $85,005 Accumulated Income: $14,299

22. (1964) ENID VIOLET Miss Enid Violet Ochiltree Merrifield of Brighton, OCHILTREE MERRIFIELD Victoria, a bacteriologist in the Public Health Laboratory BEQUEST ofthe University until her retirement in 1960 and who died in 1962, bequeathed the residue of her estate to the Original Amount of Fund: University, the income to be used for the department of $17,217 Bacteriology. The department of Bacteriology is now the Amount of Fund asa t2 7 department of Microbiology and Immunology ('the February2001 : department'). The income is applied by the Council for Capital $41,000 the department on the recommendation of the head of the Accumulated Income: $2,623 department. In the event of the income being insufficient for the specified purpose prescribed in the testatrix's will both the capital and income may be used by the Council at its absolute discretion.

23. (1989) THE ROTARY Donor: Rotary District 9800 established the fund in 1990. DISTRICT 9800 Various Rotary Clubs within District 9800 subsequently ABORIGINAL made further contributions. In each year the net annual VOCATIONAL FUND income of the fund is to be applied by Council on the Original Amount of fund : recommendation of the Indigenous Scholarships and $2,000 Awards Committee (or such other committee as is Amount offond a t 28 February appointed by Council from time to time) to provide 2007 financial assistance to indigenous students." Capital: $78,219.18 Accumulated Income: $5,176.33 LESSER ENDOWMENTS R7.75

24 (1956) THE RUSSELL Donors: Friends of Russell Hayman, a graduate of the HAYMAN MEMORIAL faculty of Lawwh owa s killed in aflyin g accident in 1955, FUND by deed dated 24 September 1956. From 2008, the faculty Original Amount of fund: of Law became a graduate school established as a faculty £800.00 known asMelbourn e Law School ('MLS'). The net annual income of the fund is applied either to purchasing books for the library in MLS or to assist a graduate of MLS to undertake postgraduate study overseas. Applications ofthe fund should be identified with the Russell Hayman Memorial Fund and books purchased from the fund must bear an appropriate bookplate indicating that they were provided from the fund. The income is expended by Council on the recommendation ofthe dean ofMLS . 25 (2000)TH EDOUGLA S Donor: Douglas Carmello Shannon, DipArch(1932) Melb. SHANNONBEQUES T who died on 23 June 2000 was a Melbourne University Rugby Blue member and as Chief Architect for the Army Original Amount of in Melbourne, designed the Melbourne University Fund: $37,608.62 Regiment Building in Grattan Street. He bequeathed one tenth of the residue of his estate to the University 'for the general purposes of the Sports Association with a request that part of it be directed to the Blues Association'. The net annual income ofthe fond is applied by Council on the recommendation of the Melbourne University Sports Association for the promotion of the Melbourne University Sports Association and including the Melbourne University Sports Association Blues.

26 (1996)TH EKOOR I Donor: Rio Tinto Aboriginal Foundation to establish a STUDENTSUPPOR TFUN D fund to support indigenous Australian students at the faculty ofthe Victorian College ofthe Arts ('the faculty'). Original amount of fund: $5,000 The capital and income of the fund is to be applied by Further contributions to the fund Council from time to time, on the recommendation of the were made by the Rio Tinto head ofthe Wilin Centre, to support indigenous Australian Aboriginal Foundation. students studying atth e faculty. " Amount of fund at 31 December 2006 (the date immediately prior to the date on which the Victorian College of the Arts became a faculty of the University): $ 13,171.26

27 (2005) THE PROFESSOR Donor: Pamela McPherson, of Grovedale, Victoria, by EMERITUS HOWARD letter dated 12 September 2005, to establish or augment a EDDEY MEMORIAL FUND fund for research into the diagnosis and educational management of hearing impaired children, in memory of Original Amount of fund her late father Professor Emeritus Howard Hadfield Eddey :$10,00 0 CMG BSc MB BS (1935) (Melb.), who in 1966 was Amount of fund at 31 August appointed professor of Surgery at the Austin Hospital and 2007: associate dean of the faculty of Medicine at this $12,400.59 University, which positions he held until his retirement in 1975. The net annual income ofthe fund is to be applied by Council on the recommendation of the dean of the faculty of Education towards research into the diagnosis and educational management of hearing impaired children." R7.75 LESSER ENDOWMENTS

28 (1984) THE M Donors: The late Margaret Ada Sutherland, a leading SUTHERLAND FUND Australian composer who died on 12 August 1984, under Original amount of fund: $5,000 her will dated 9 August 1983, and the residuary Annual receipts for composer's beneficiaries of her estate who assigned to the faculty of royalties are also paid into this the Victorian College of the Arts ('the faculty') their fund. entitlement to composer's royalties. The faculty Amount of fund at 31 December determined to apply the royalties for the same purpose as 2006 (the date immediately prior the bequest. The capital and income of the fund are to be to the date on which the applied by Council from time to time, on the Victorian College of the Arts recommendation of the head of the discipline of Music became a faculty of the ('head of Music') at the faculty for the musical education University): ofthe students inth edisciplin e of Music atth e faculty. $9,025.01 29 (2004) THE ORAL CANCER Donor: The Australian and New Zealand Head and Neck RESEARCH FUND Society, for the school of Dental Science with a strong Original Amount of fund: request by letter dated 25 August 2004 that a fund be $20,500 established to be made available for well-documented Amount offond a t3 1Octobe r requests for assistance with specific purposes concerned 2007:$18,510 with oral cancer research. Until the University decides otherwise, the capital and net annual income of the fund may be applied by Council from time to time on the recommendation of the head of the school of Dental Science ('the school') for well-documented requests from the school for assistance with specific purposes concerned with oral cancer research. Unspent income in any year may be added to the capital of the fond or be retained as income to be applied in any subsequent year for the purpose ofthe fund.

[s. 9mad e 1/3/99,ss . 10an d 11mad e 5/7/99,ss . 12an d 13mad e 3/7/00, ss.14 , 15, 16an d 17mad e4/9/00 ,s . 18mad e2/10/00 ,ss . 19an d 20mad e 6/11/00, ss. 21 and 22 made 5/3/01,s . 23mad e 7/5/01, s.2 4 made 3/9/01, s. 16am .3/3/03 , s. 25 made 13/10/03, s. 13am .7/3/05 ;s 2 3 amended 7/5/07, s.2 6mad e 11/9/07,,ss . 27 and 28 made 22/10/07, s 29mad e 10/12/07, para 7& 2 4 am 16/3/09; paras 3& 13a m 27/4/09] R7.76 - EDWARD STEVENS TRUST

Recitals-

A. Edward Stevens, late of Malvern in the State of Victoria, merchant, a member ofthe Council ofthe University and Chairman of the Council Finance Committee bequeathed a one-half share of his residuary estate to the University-

'to be invested and the income used and applied for the general purposes ofthe University in such manner as the Council thereof shall from time to time think best but so that the corpus or capital of such fond shall not be diminished or trenched upon or resorted to or otherwise depleted or lost and so that if for any cause whatsoever any part of the corpus or capital of or representing such bequest shall be lost or used or depleted then and in such case the income derived or derivable from the investments or representing such bequest shall not be used for the purposes of the University but applied torestor e such lost or used capital and added to the corpus until such loss or depletion shall have been made good'. And whereas during his lifetime the donor indicated 'that while not wishing to fetter the council's action, and bearing in mind that when the will becomes operative circumstances may be different to what they are at present, my own desire is that the revenue derived from the legacy should be used in the first place to complete the north end of Wilson Hall' and the cloisters and that if necessary the income be allowed to accumulate till sufficient for this purpose and upon completion ofthe work described 'my wish would be that the income be used to augment the wages or salaries of the staff of the University beginning with the lowest paid employees'.

B. The University received $37,330 in satisfaction of the bequest.

C. The sumo f $22,500 has been transferred to the fond from the general funds ofthe University.

D. The accumulated income of the fund now stands at $110,718 .

E. The sum of $37,330 increased to $59,830 at 31Decembe r 1994.

It is provided as follows-

1. The sum of $59,830 and any accumulations and additions to the sum forms a fond called 'The Edward Stevens Trust' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income of the fond is applied by the University for staff welfare and to make grants and loans to members of staff or to their dependents, to make grants or loans to dependants of staff who die while working for the University, if support is required immediately after the death of the staff- member.

[s. 2 am. 5/5/97, ss.3 ,4 an d 5revoke d 4/9/00.]

13/10/00 R7.77 - JOSEPH HERMAN TRUST

Recitals-

A. Ethel Herman, of St. Kilda Road, Melbourne, Isabel Hill Brown, late of Melbourne, Widow, and Joseph Herman, late of Melbourne, Solicitor, by a deed dated 2 June 1939, exercised powers of appointment which were conferred on them as trustees by two deeds of settlement dated 17 April 1936.

B. Subject to the prior life interest of persons entitled to the income, the trustees appointed that the Trust funds described in the settlements belong to the University of Melbourne in perpetuity and directed that the income from the trust then consisting of securities valued in excess of $500,000 "be devoted to such educational purposes in connection with the University of Melbourne as the Council ofthe University shall in its discretion think fit".

C. The value ofthe securities increased to $2,148,482 at 31 December 1994.

It provided as follows-

1. The income received by the University from the trust fund ("the fond") together with the income from any accumulations and additions to the fond must be applied from time to time by the Council for such educational purposes in connection with the University as the Council of the University in its discretion thinksfit. R7.78 - THE ERNEST WELLINGTON SKEATS TRUST

Recitals-

A. Ernest Willington Skeats late of South Yarra in the State of Victoria formerly Professor of Geology in the University by his will dated 26 October 1948 bequeathed one-third of his residuary estate to the University.

B. The Council desires to commemorate the name of Professor Skeats by using the fond for the time being to assist research in Geology, which is nowknow n as Earth Sciences.

C. The University received $43,509 in satisfaction ofthe bequest, which sum increased to $253,554 at 31 December 1994.

It isprovide d as follows-

1. The sum of $253,554 and any accumulations and additions to the sum forms a fond called the "Ernest Willington Skeats Trust" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fond must be applied by the Council on the recommendation ofthe head ofthe school ofEarth Sciences ("the school") for the following purposes-

(i) to award grants for travel and living expenses,

(ii) to award scholarships,

(iii) to purchase equipment for use in the school,

(iv) any other purpose in connection with the study of Earth Sciences recommended by the head of the school.

3. The Council may at any time direct that the whole ofthe capital ofthe fond or any part thereof be resorted to for the purpose or purposes stated above.

[Edit. am. 17/5/96, s. 3 made 5/7/99.]

16/7/99 R7.79 - MAURICE DAVID GOLDMAN PUBLICATION FUND

Recitals-

A. Maurice David Goldman, the foundation professor of Semitic Studies in the University, who died on 14 September 1957 bequeathed to the University his residuary estate and further directed that-

Tt is my wish that moneys received by the said University of Melbourne pursuant to this my Will shall be applied to the advancement of the Department of Semitic Studies. This however shall be entirely at the discretion ofthe University Authorities.'

B. The University received $12,35 7 in satisfaction of the bequest.

C. The University received $12,357 at the time ofthe donation, which sum increased to $26,554 at 31 December 1994.

It is provided as follows-

1. The said sum of $12,357 and any accumulations and additions to the sum forms the endowment of a fond to be called the 'Maurice David Goldman Publication Fund' ('the fund') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. Grants from the fond are made by the Council on the recommendation of the head of department.

3. The net annual income of the fond is available-

(a) to assist in whole or in part the expenses of publication of-

(i) any journal published by or on behalf of the department of Fine Art, Classical Studies and Archaeology ('the department')-

(ii) any work which in the opinion of the professor-

(A) has substantially emanated from the University;

(B) is of high merit;

(C) is to be published in an appropriate form; and

(b) for other teaching or research purposes ofthe department.

4. The Council may require any assistance received from the fond to be acknowledged in any publication which was made with such assistance.

5. Any unspent income of the fond in any year must be added to the capital of the fond but nevertheless remains available to be used as income in any subsequent year as the Council thinks fit.

6. The Council may at any time direct that the whole of the capital of the fund or any part thereof be resorted to for thepurpos e or purposes stated above.

[Edit. am. 9/4/97, s. 6 made 5/7/99, Edit. am. 17/9/99,ss . 2 and 3 am. 1/10/01.]

16/11/01 R7.80 -TH E SAMUEL FRANCIS POND TRUST

Recitals-

A. Samuel Austin Frank Pond, a former Warden of Convocation, presented $5,480 to the University in 1966 for the acquisition of land to be used for the purpose of encouraging the study of forestry or, if the University should cease to engage in the study of forestry, then for similar purposes such as agricultural or botanical research as a memorial to his late father, Samuel Francis Pond.

B. He further directed that the land so acquired might be sold and the proceeds held as the "Samuel Francis Pond Trust" in such investments as the Council from time to time determines to be used to further the specified purposes.

C. The land so acquired was sold, and the net proceeds, $31,896, are held by the University as the "Samuel Francis Pond Trust" ("the fund").

D. The donor presented $3,104 to the University for addition to the capital of the fond which, including that sumwa s $37,689 at 31 December 1994.

It isprovide d as follows-

1. The sum of $37,689 and any accumulations and additions to the sum forms a fond called "The Samuel Francis Pond Trust" ("tlie fond") and the fond must be paid into an investment pool and must remain there until the Council directs otherwise.

2. (1) The net income ofthe fond must be applied to further study in Forestry or, if the University ceases to engage in the study of Forestry, then to further study in subjects concerned with the natural environment, in particular-

(a) by the appointment from time to time of a visiting research fellow or a visiting lecturer each of whom must be designated as the "S. F. Pond" research fellow or lecturer as appropriate in Forestry or such subject as may be substituted therefor; or

(b) when in the opinion of the Council an appointment pursuant to (a) is impracticable, by the provision from time to time of atravellin g scholarship or scholarships, each of which must be designated the "S. F. Pond" travelling scholarship, to enable a candidate for a higher degree in Forestry or such other subject as may be substituted, to travel overseas for the purpose of study or research relevant to the degree for which he or she is enrolled.

(2) The conditions applicable to an appointment under paragraph (a) or an award under paragraph (b) must be prescribed in each case by the Council on the recommendation of the faculty concerned. R7.81 - EDWARD CLARENCE DYASON FUND

Recitals-

A. Edward Clarence Evelyn Dyason, a notable humanist, philanthropist and engineer in the city of Melbourne, by his will dated 15 October 1947 bequeathed to the University one-half of his_ residuary estate, for the advancement of education.

B. The University received the sum of $149,800, which sum increased to $340,892 at 31 December 1994.

It is provided as follows-

1. The suni of $340,892 and any accumulations or additions to the sum forms a fond called the "Edward Clarence Dyason Fund" ("the fond") and must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income from the fond must be applied from time to time by the Council to provide a visiting fellowship.

3. (1) The fellowship, to be styled 'The Dyason Fellowship", and its title, must include such additions as may from time to time be appropriate to describe the subject to which such fellowship relates.

(2) The fellow is eligible for re-appointment but must not hold office for more than five years unless the Council by an absolute majority resolves otherwise.

4. The fellows are to be appointed from time to time by the Council on such terms and conditions as Council determines on the recommendation of the Dyason Fellowship Committee ("the committee").

5. Membership ofthe committee is to be determined from time to time by the Council.

6. The Council may at any time direct that the whole of the capital of the fund or any part thereof be resorted to for the purpose or purposes stated above.

[s. 6 made 5/7/99, Edit. am. 17/9/99.]

17/9/99. R7.83 -TH E SYDNEY RUBBO MEMORIAL TRUST

Recitals-

A. $10,820 wassubscribe d and presented to the University.

B. The subscribers wished to record their appreciation ofthe life and work ofthe late Sydney Dattilo Rubbo, adistinguishe d Microbiologist ofthe University.

C. The University received the sum on trust to finance visits to Australia from time to time by distinguished microbiologists to deliver the Sydney Rubbo Memorial Oration and other lectures throughout Australia.

D. The University received $10,820 at the time of tlie donation, which sum increased to $21,067 at 31 December 1994.

It is provided as follows-

1. The sum of $21,067 and any accumulations and additions to the sum forms the endowment of a fond called the "Sydney Rubbo Memorial Trust Fund" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income ofthe fond is used to provide for the delivery of lectures in Microbiology and the costs of and incidental to visits by the lecturer to the University and to other universities and institutions in Australia.

3. The fond is administered by the Council on the recommendation of a committee appointed by it from time to time.

4. The University may request the Australian Society for Microbiology or other appropriate body or person to undertake the arrangements for the visit of the lecturer in which event the net income of the fond or part thereof may be used to reimburse such body or person in respect of the costs of and incidental to the lecture and visit. R7.84 - SIR JOHN ALLISON FUND

Recitals-

A. Melbourne University Business School Association ("the Association") presented $2,000 to the University and declared its intention to make further gifts in memory of the late Sir John Allison, one ofthe founders ofthe Melbourne University Summer School of Business Administration, to be applied for the encouragement of management education in the University and in particular for the acquisition ofbook s for use intha t field.

B. The Association directed that the University have such powers of investment of the fond as if it were the sole beneficial owner ofthe fond.

C. The sum of $2,000 increased to $17,371 at 31 December 1994.

It isprovide d as follows-

1. The sum of $17,371 and any accumulations and additions to the sum forms a fond called the "Sir John Allison Fund" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income of the fond be applied to the purchase of books for use by students of management. The books are selected on the recommendation of the Director of the Melbourne Business School ("the director") and all such books must bear a book-plate indicating that they were provided from the fond.

3. Any income not expended for the purpose may be accumulated for subsequent expenditure or may be added to the fond or may be expended on such other purposes connected with the encouragement of Management Education in the University as the Council on the recommendation of the director determines. R7.86 -TH E F.GORDO N ELFORD FUND

Recitals-

A. $1,930 was presented to the University by friends of the late Francis Gordon Elford, sometime secretary of the then faculty of Medicine and other technical faculties, and at the time of his death, in June 1970, Deputy Registrar of the University, who throughout his career gave valuable guidance, encouragement and assistance to students, for the purpose of providing a fund from which immediate financial aid may be given to students.

B. The sumo f $1,930 increased to $4,185 at 31 December 1994.

It is provided as follows-

1. The sumo f $4,185 and any accumulations and additions to the sum forms the endowment of afond called the 'F. Gordon Elford Fund' ('the fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The fond is administered by Council on the recommendation of the Students Loan Fund and Bursaries Committee ('the committee').

3. The committee may, from the net annual income ofthe fund, make grants to students in financial need if it is of the opinion that the studies of the successful applicant may be jeopardised unless they receive immediate financial assistance.

4. Applications for grants are received from students enrolled for courses in the faculties of Architecture, Planning and Building, Engineering, Medicine, Dentistry and Health Sciences, Science or Veterinary Science, or the faculty of Land and Food Resources.

5. Applications for grants are made in the mannerprescribe d by the committee from time to time.

6. A student who has received a grant from the fund is thereby disqualified from receiving further assistance from the fond.

[Am. 3/5/99, effective 1/7/99, s. 2 substituted, s. 4 am., s. 6 revoked and s. 7 renumbered 6 6/11/00, ss. 1,2 and 4 am. 7/3/05.

7/3/05 R7.87 -TH E FELIX RAAB COLLECTION

Recitals-

A. Leo Raab, late of Glen Iris in the State of Victoria, who died on 7 April 1967,bequeathe d one half ofthe residue of hisestat e to the University in the following terms:

"To be held by the said University of Melbourne Upon Trust to invest the same in such investments as it may from time to time in its discretion select (with power to transpose in its discretion) and to use the net annual income arising therefrom to purchase each year a book or books relating to political thought inth e Fifteenth Sixteenth and Seventeenth Centuries with special reference to Machiavelli and his influence such collection of books to be known as the "Felix Raab Collection" and to be kept maintained and established at the University of Melbourne AND I DIRECT also that the choice of such books shall be made by the Professors of History for the time being employed by the University of Melbourne AND I FURTHER DIRECT that there shall be inserted in the front of each such book purchased by the University of Melbourne in pursuance of this bequest a book plate containing a brief appropriately worded reference to my son the late Felix Raab and to his contribution to historical research during his short association with the University of Melbourne and also setting out the object and purpose of this bequest and I FURTHER DIRECT that all costs and expenses of the production of the book plate and all other expenses administrative or otherwise in carrying out the terms of this bequest shall be paid out of the income ofthe sum given and bequeathed to the University as above."

B. The University received $10,05 3 insatisfactio n of the bequest.

It isprovide d as follows-

1. The sum of $10,053 and any accumulations and additions to the sum forms the endowment of a fond called the "Felix Raab Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income of the fund is used for the purchase of books relating to political thought in the Fifteenth, Sixteenth and Seventeenth Centuries with special reference to Machiavelli and his influence, such books to be selected by the professors of History.

3. The books are housed together as a special collection within the Research Collection of the University Library.

4. Books in the collection bear aboo k plate in accordance with the wishes ofthe testator. R7.89 -JOH N BARRY MEMORIAL FUND

Recitals-

A. The Australian and New Zealand Society of Criminology conducted an appeal to honour the memory of John Vincent Barry, Knight Bachelor, Doctor of Laws, senior puisne Judge of the Supreme Court of Victoria, Chairman of the Parole Boards (Adult) of Victoria and Chairman of the then board of studies in Criminology of the University who died on November 8, 1969, with the object ofestablishin g a trust fond to be used for the purposes set out below.

B. The society presented $7,966 to the University, which sum increased to $16,966 at 31 December 1994.

It is provided as follows-

1. The sum of $16,966 and any accumulations and additions to the sum forms the endowment of a fond called the "John Barry Memorial Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income ofthe fond is to be used for the following purposes or any of them:

(a) to provide for the giving of lectures in criminology each known as the John Barry Memorial Lecture;

(b) to make grants for research in criminology;

(c) to assist the publication of works in criminology; or

(d) otherwise to advance the study of criminology.

3. The fond is administered by the Council on the recommendation of a committee appointed by the Council from time to time. R7.90 - THE ROYAL CHILDREN'S HOSPITAL RESEARCH FOUNDATION CHAIR OF PAEDIATRICS

Recital-

By an agreement between the University of the first part, the Royal Children's Hospital Research Foundation ("The Research Foundation") of the second part, and the Royal Children's Hospital of the third part dated 5 July 1971,th e parties entered into certain arrangements with each other concerning inter alia the appointment of adirecto r ofthe Research Foundation.

It isprovide d as follows-

1. The Council may appoint the Director of the Research Foundation to be a Professor in the department of Paediatrics with the title of Royal Children's Hospital Research Foundation Professor of Paediatrics.

2. The Professor holds his or her appointment for so long as he or she continues to be the Director of the Research Foundation.

3. The Professor accepts responsibility in accordance with the statutes and regulations of the University for graduates working for degrees of master or doctor in the Research Foundation and for undergraduates working for the degree of bachelor of Medical Science in the Research Foundation. The Professor has no obligation to teach any other undergraduates but may be invited to do so.

4. This regulation remains in force only during the continuation ofthe agreement. R7.92 - THE LORNA STIRLING FUND

Recitals-

A. Loma Mary Belton Stirling late of Hawthorn in the State of Victoria who died on 10 February 1956 bequeathed, subject to certain bequests legacies and life interests, two-thirds of her residuary estate to the University on trust-

'for the purpose of promoting International Student Relationships and so that the Council of the University shall have an absolute discretion as to the manner and the time or times in and at which the said two-thirds of the residue shall be used for the purpose aforesaid and as to what mode or modes of expenditure or use thereof and what activities in connection with any such expenditure or use shall be deemed tob e within the said purpose.'

B. .The Testatrix expressed a wish which did not create any trust or obligation that the two-thirds of the residue be used for the purpose of promoting and furthering the purposes of International House Hostel or for the creation of scholarships to provide for the exchange of students between the University of Melbourne and other universities or similar places of training outside the Commonwealth of Australia or other scholarships deemed by the Council to be within the purpose referred to.

C. The University received $61,251 in satisfaction of the bequest.

D. From the bequest the University allocated $21,251 to the International House Building Fund and $20,000 to establish the Loma Stirling Tutorship Fund governed by Regulation R7.75(20).

E. With the remaining $20,000 the University established 'The Loma Stirling Fund' the subject of this regulation.

It isprovide d as follows-

1. The sum of $20,000 and any accumulations and additions to the sum forms the endowment of a fond called the 'Loma Stirling Fund' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. Not less than nine-tenths ofthe net annual income ofthe fond must be made available;

(i) to assist the exchange of students between the University and universities or like institutions in other countries; or

(ii) for exchange scholarships; or

(iii) travelling scholarships; or

(iv) to support international meetings of students in which students or student organisations and the University have an interest.

3. Not more than one-tenth ofthe net annual income ofthe fund is to be added to thefond.

4. (1) The fond is administered by Council on the recommendation of a committee comprising the Vice-Chancellor or nominee, the President of the Academic Board or nominee, the Vice- President of the Academic Board or nominee and five students, one of whom is a representative of the University of Melbourne Postgraduate Association appointed annually by the Council.

(2) A student member who applies for a grant under section 5 must, upon lodging the application, resign from membership ofthe committee and the vacancy so occurring may be filled by appointment by the Council for the balance of the term of office of the resigning member.

13/3/03 LORNA STIRLING FUND R7.92

5. The committee invites applications annually for grants for all or any of the purposes provided in section 2 and the Council may make such grants from the fund on the recommendation of the committee as itthink s fit.

6. The Council may at any time direct that the whole ofthe capital ofthe fund or any part thereof be resorted to for thepurpos e or purposes stated above.

[s.4 (1 )am .29/3/99 ,s .6 mad e5/7/99 ,Titl ean d RecitalA am. ,Recital sD an d Esubst . 3/3/03.]

13/3/03 R7.93 - THE CHAMBER OF MANUFACTURES FUND

Recitals-

A. The Victorian Chamber of Manufactures, now called the Australian Chamber of Manufactures, undertook to give to the University an annual donation for the purpose of promoting education generally and in matters concerning industrial relations in particular.

B. The University received $2,000 for the purpose in 1972.

It is provided as follows-

1. The sum of $2,000 and any accumulations and additions to the sum forms the endowment of afond called "The Chamber of Manufactures Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income ofthe fond and, at the discretion ofthe Council, the capital must be used for any or all of the following purposes -

(a) to provide special lectures, seminars or tutorials in matters concerning industrial relations;

(b) to strengthen existing University subject courses connected with industrial relations whether for credit in courses for undergraduate degrees or otherwise;

(c) to provide, or assist in the provision of, post-graduate or professional courses of study in the fieldo f industrial relations;

(d) to support research projects in industrial relations;

(e) to provide or support library and other record collections needed for work in industrial relations.

3. The fond is administered by the Council on the recommendation of a committee of six persons, comprising-

(a) one representative from each of the faculties of Law, Arts and Economics and Commerce appointed by the Council on the recommendation ofthe dean ofthe faculty concerned;

(b) one representative from the Melbourne Business School appointed by the Council on the recommendation ofthe director ofthe Melbourne Business School;

(c) one representative from the Australian Chamber of Manufactures appointed by the Council on the recommendation ofthe Australian Chamber of Manufactures;

(d) a chairperson nominated by the vice-chancellor. R7.94 - THE N. A.TWIS S TRUST

Recitals-

A. Noel Arthur Twiss, late of East Malvern in the State of Victoria, who died on 22 July 1970, by his will, after bequeathing certain legacies, directed his trustees to convert into money his residuary estate and to invest the same as authorised by law and to pay the income of his residuary estate to his widow Elsie Millicent Twiss during her lifetime and after her death to pay all investments representing his residuary estate to the University as to both the capital and income thereof for the University of Melbourne to be applied by the said University "for the benefit and advancement generally of Dental Education in the State of Victoria".

B. The University received $28,000 in satisfaction ofthe bequest, which sum increased to $173,338 at 31 December 1994.

It is provided as follows-

1. The sum of $173,338 and any accumulations and additions to the sum forms a fond called the "N.A. Twiss Trust" ("tlie fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income of the fond is applied by the University for the benefit and advancement generally of Dental Education in the State of Victoria and without limiting the generality of the foregoing for any one or more ofthe following purposes:

(i) the general advancement and teaching of dental science; (ii) the assistance or encouragement (by financial payments or otherwise) of any students for the timebein g of dental science; (iii) the provision of special lectures, demonstrations, scholarships and the like for assistance and encouragement of students for the time being ofdenta l science; (iv) the assistance or encouragement (by financial payments or otherwise) of postgraduate dental education; (v) research in any matter directly or indirectly pertaining to dental science.

3. Where a person is given financial support from the fond, his or her grant is known as the Noel Arthur Twiss Scholarship.

4. The income of the fund is applied by the Council for the purposes set out in section 2 on the recommendation of a committee comprising the Vice-Chancellor or nominee, the head of the school of Dental Science ("the school") and the heads ofthe several departments ofthe school.

5. The Council may at any time direct that the whole of the capital of the fond or any part thereof be resorted to for thepurpos e orpurpose s sated above.

[S.5 mad e 5/7/99.] R7.95 - EDWARD HAMILTON SUTTON FUND

Recitals-

A. Edward Hamilton Sutton late of East Melbourne in the State of Victoria bequeathed, subject to certain bequests, legacies and life interests, one half of his residuary estate to the University upon trust as to one quarter of his residuary estate for the creation, establishment or furtherance of the study of literature and as to the remaining one quarter for the furtherance ofthe general objects and purposes ofthe University.

B. The University received $7,498 in satisfaction of the bequest, which sum increased to $17,654 at 31 December 1994.

It is provided as follows-

1. The sum of $17,654 and any accumulations and additions to the sum forms a fond called the 'Edward Hamilton Sutton Fund' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond is used for tlie purpose of inviting lecturers to attend the University from time to time to assist in furthering the study of literature with emphasis on the work of creative writers but not to the exclusion of literary critics and scholars.

3. (1) The fund is administered by the Council on the recommendation ofthe dean of the faculty ofArt s ('the dean').

(2) The Council may on the recommendation of the dean expend a part or the whole of tlie capital ofthe fond for the purposes referred to in section 2.

[ss. 3(1) and (2)am . 2/7/01.]

6/7/01 R7.97 - A. E. ROWDEN WHITE AND EDWARD R. WHITE FOUNDATION FOR MEDICAL RESEARCH

Recitals-

A. Sir Alfred Edward Rowden White late of Toorak in the State of Victoria Doctor of Medicine who died on 15 January, 1963, in his lifetime gave to the University certain moneys for the purpose of establishing a foundation for medical research at the Royal Women's Hospital, Carlton, the research work to be solely controlled by and at all times be carried out wholly and solely under the guidance and direction of the professor of Obstetrics and Gynaecology of the University at the hospital with the foundation to be styled "The A.E. Rowden White and Edward R. White Foundation for Medical Research".

B. The University received from Sir Alfred Rowden White during his lifetime, and has received from his estate, sums of money amounting to $116,000 which sum increased to $3,649,335 at 31 December 1994.

It is provided as follows-

1. The sum of $3,649,335 and any accumulations and additions to the sum forms a fond called "The A.E. Rowden White and Edward R. White Medical Research Fund" ("the fond") and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The income of the fund is used for such purposes of medical research at the Royal Women's Hospital as the Council from time to time directs on the recommendation of the professor of Obstetrics and Gynaecology atth e Royal Women's Hospital. R7.98- TH E MACGEORGE BEQUEST

Recitals-

A. Norman Macgeorge late of 25 Riverside Road, Ivanhoe, in the State of Victoria, Artist and patron of the arts who died on 2 September 1952,devise d and bequeathed to histrustee s his

'house and land known as Number 25 Riverside Road, Ivanhoe and all my household furniture furnishings and effects therein or used in connection therewith and all my books' upon trust for the University subject to the right of his wife May Ina Macgeorge to reside therein and enjoy the use thereof during her lifetime and further directed his trustees to stand possessed of his residuary estate 'Upon Trust to pay the income derived therefrom to my wife during her life and from and after her death Upon Trust as to both capital and income for the University of Melbourne.'

B. Inhi s will he declared-

'(but without imposing any trust) that it is my wish that the University of Melbourne will utilize my house and land known as Number 25 Riverside Road Ivanhoe and the contents thereof and also any other property or assets which it may receive under my Will for such purposes as Ima y have expressed to itdurin g my lifetime whether verbally or inwriting. '

C. May Ina Macgeorge, the widow of Norman Macgeorge, who died on 27 August 1970, devised and bequeathed all her residuary estate,afte r provision for certain legacies and an educational trust fund,

'Upon Trust as to both capital and income for the University of Melbourne to be held by such University as an accretion to and to be utilized for the same purposes as the property and assets devised and bequeathed to such University by the will of my late husband Norman Macgeorge, and in the knowledge (but without imposing any trust) that itwil l pay regard to any wishes which Ima y have expressed to itdurin g my lifetime.'

D. During his lifetime, Norman Macgeorge expressed on behalf of himself and his wife May Ina Macgeorge adesir e that the property at 25 Riverside Road, Ivanhoe should be used for the benefit of-

'students ofthe faculty of Arts with special emphasis on those studying Fine Arts, Literature, History of Philosophy' and 'for the postgraduate in all the arts rather than for the undergraduate who has not yet acquired sufficient knowledge either at an accredited art school or the University.'

E. The house property at 25 Riverside Road, Ivanhoe has been transferred to the University together with itscontent s of furniture, furnishings, booksan d works of art,th e whole presently valued at$50,000 .

F. Assets ofthe combined residuary estates of Norman Macgeorge and May Ina Macgeorge consisting of cash and securities were received valued at $112,574 and re-valued at $677,867 at 31Decembe r 1994.

G. At 13 September 2004 the capital of The Macgeorge Bequest fund was $2,182,601.83 and the income was $321,866.72.

It is provided as follows-

1. The house property and contents and the sum and any accumulations and additions to the sum constitute the assets of 'The Macgeorge Bequest' ('the bequest') which must be dealt with or invested asCounci l may from time to time determine.

2. There must bea committe e of management comprising-

(a) the vice-chancellor or nominee;

(b) the vice-principal and chieffinancial officer ;

(c) the dean ofthe faculty of Artso rnominee ;

(d) the Herald professor of Fine Artso rnominee ; (e) the dean ofthe faculty of Architecture Building and Planning or nominee;

(f) not more than two members having a special interest in the arts appointed annually by Council; and

(g) not more than two members whoma y beco-opte d annually by the committee.

3. The committee must, subject to the direction of Council, manage the property and its use and must report to and advise Council on the administration of the bequest and has authority to expend its income on behalf of Council. All reports and advice tob e submitted to Council by the committee must be made through the Legislation and Trusts Committee.

4. The net annual income ofthe bequest isavailable -

(a) to maintain, restore and improve the house property and grounds at 25 Riverside Road, Ivanhoe and to preserve and replace where necessary the contents thereof;

(b) to establish a 'Macgeorge Fellowship' to which Council may, from time to time, on the recommendation ofthe Committee, appoint a person associated with the arts asth e 'Macgeorge Fellow' ('the fellow'), appointed on such conditions and toperfor m such duties as Council may determinefrom tim e totime ;

(c) to pay the expenses in part or in whole of providing at the University, lectures, seminars, exhibitions and other gatherings of a like nature relating toth e study ofthe arts;

(d) to provide in the house property residential accommodation on a short term basis for the fellow and other persons, as Council may from time to time determine, who are pursuing an independent study of abranc h ofthe arts;an d

(e) for such other purposes relating to the study at the postgraduate level of the arts, including the finearts , as Council may from time to time determine.

5. If at any time the income is insufficient to provide for the purposes specified in section 4, Council may at any time and from time to time direct that the capital assets ofthe bequest be resorted to in order to provide for such purposes.

6. Council on the recommendation ofthe committee of management may appoint a resident caretaker of the property for aperio d which,o n each appointment, must not normally exceed twoyears .

[s. 3.am . 2/9/96,am . 3/5/99, effective 1/7/99,s . 2(b) am. 1/10/01, RecitalsC , Dan d Fam. , Recital G made, ss. 1,2 ,3 ,4((b ) -(e)) , 5an d 6 am., s. 2(e)subst. , 4/10/04, s.4(c ) am. 13/12/04;sectio n 3 amended 8/12/08] R7.99 - G.M. ROLLASON FUND

Recitals-

A. Geoffrey Mallin Rollason formerly a student of the University and now residing at 935 Belvidere Avenue Plainfield in thejState of New Jersey United States of America has given to the University certain stocks, funds and securities presently valued at $18,435.12 to be used and applied by the University to the establishment and endowment of a fond to be called the "G. M. Rollason Fund" and directed that the "income ofthe said fond shall be applied for the University purposes in such a manner and in all respects as the Vice-Chancellor of the University shall at any time and from time to time direct".

B. The University received the stocks, funds and securities, which were valued at $85,368 at 31 December 1994.

It isprovide d as follows-

1. The stocks funds and securities and any securities or money which may be substituted for them or added, and accumulations and additions to them, forms the endowment of the "G.M. Rollason Fund" ("the fond") and the fund must be retained as a separate fond until the Council directs otherwise.

2. The Council has the power to retain the stocks, funds and securities or any of them for so long as it considers advisable and may from time to time vary or transpose them and is not restricted to investments from time to time sanctioned by law for the investment of trust funds but is free to invest the proceeds of the stocks, funds and securities or any of them in any way in which the Council in its absolute discretion may think fit in all respects as if it were sole beneficial owner of such proceeds and may from time to time vary or transpose such investments.

3. The net annual income of the fund is applied for University purposes in such a manner in all respects as the vice-chancellor at any time and from time to time directs.

4. Any unexpended income in any one year must be added to the capital of the fond provided however that such unexpended income may be used as income in any subsequent year as the vice- chancellor in his or her absolute discretion directs. R7.100 - THE SHEPARD'S CITATIONS INVESTMENT FUND

Recitals-

A. The Victoria Law Foundation donated $7,500 to the University to enable the purchase ofthe bound volumes of Shepard's Citations for.th e Law Branch Library of the University and to meet the cost from time to time of keeping the service up to date.

B. The University received $7,500 at the time of the donation.

C. On 24 March 2003 the Attorney-General of Victoria approved a variation ofthe application ofthe income of the fond.

It isprovide d as follows-

1. The sum of $7,500 is applied in the first instance to the purchase of a set of bound volumes of Shepard's Citations for the Law Branch Library ofthe University.

2. The remainder of the sum and any accumulations and additions to the sum forms the endowment of a fond to be called 'Shepard's Citations Investment Fund' ('the fond') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

3. The income ofthe fund is applied to meeting the cost from time to time of keeping the service up to date by subscribing to an electronic version ofthe Shepard's Citations service.

[RecitalC made ,Titl ean ds . 3am . 11/8/03.]

21/8/03 R7.101 -TH E MOUNT ROYAL NATIONAL RESEARCH INSTITUTE PROFESSOR OF GERONTOLOGY AND GERIATRIC MEDICINE

Recitals-

A. By an agreement between the University ofthe first part, and Mount Royal ("the Hospital") ofthe other part, dated 16 April 1975, the parties entered into certain arrangements with each other concerning amongst other matters the appointment of a director of the Mount Royal National Research Institute of Gerontology and Geriatric Medicine ("the Institute") established at Mount Royal.

B. The University has recognised die Hospital and the Institute in accordance with the agreement made under the provisions of Regulation 6.1.R l made under Statute6.1 .

It isprovide d as follows-

1. (1) The Council grants the director of the Institute the status of professor in the faculty of Medicine, Dentistry and Health Sciences with the title of Mount Royal National Research Institute Professor of Gerontology and Geriatric Medicine.

(2) The person appointed as director of the Institute has the status of professor for so long as that person continues to be the director during the currency of the above agreement.

2. The professor accepts responsibility in accordance with the statutes and regulations of the University for graduates working for degrees of master or doctor in the Institute and for undergraduates working for the degrees ofbachelo r inth e Institute and the Hospital.

3. This regulation remains in force only during thecontinuatio n ofthe agreement. R7.102 - IAN POTTER MUSEUM OF ART FUND

Recitals-

A. May Ina Macgeorge late of 25 Riverside Road Ivanhoe bequeathed $10,000 to her trustees to pay the income of the amount to her niece Miss Betty McCartney, during her lifetime and after her death as tobot h capital and income for

'the advancement and promotion of art and artistic tastes including the assistance of needy and impoverished students of the arts in such manner as my trustees shall in their absolute and uncontrolled discretion think fit'.

B. The trustees requested the University to establish a fund for the purpose of carrying out the wishes ofthe testatrix.

C. The trustees approved the provisions of this regulation.

D. The trustees agreed that the Council of the University having due regard to the wishes of the testatrix may alter or repeal the regulation in accordance with the provisions of Statute 10.3.2.

E. The University received $10,000.

F. The Fund was originally known as the 'University Art Gallery Fund'. As the University's art collection is no longer known as the University Art Gallery and is now known as the Ian Potter Museum ofArt , the name ofthe Fund has been changed accordingly.

It is provided as follows-

1. The sum of $10,000 and any accumulations and additions to the sum forms a fond called the Tan Potter Museum ofAr t Fund' ('the fond') which is to be used for the following purposes.

2. (1) The net income ofthe fond is applied from time to time by the Council for any or all ofthe following purposes-

(a) to provide exhibitions in the Ian Potter Museum of Art ('the Museum') of works of art owned by or lent to the University and to meet the costs associated with such exhibitions;

(b) to acquire works of art by persons who are Australian citizens or permanently resident in Australia;

(c) to acquire works of art having some association with Australia;

(d) to purchase furnishings for the exhibition rooms ofthe Museum;

(e) to sponsor lectures or a series of lectures on the subject of history of art in the Museum or its environs;

(f) to provide a stipend for students carrying out short-term research studies in the Museum;

(g) to house the collections of the Museum.

(2) The Council may direct that the capital of the fond be expended in part or in whole for the purposes set out inparagraph s (a), (b) and (g) of sub-section (1).

6/4/01 3. The fund is administered by the Council on the recommendation of a committee comprising the vice-chancellor or nominee, the Herald professor of Fine Arts, the curator of the Art Gallery and such other members ofthe Board ofthe Ian Potter Museum of Art as the Council may from time to time appoint.

[Recital D.Edit .am .9/4/99 ,am .3/5/99 ,effectiv e 1/7/99, Recital Fmade ,ss .2(lXa) ,(d) , (e),(0 ,(g )an ds .3 am.2/4/01 ,s .1 edit.am . 6/4/01.]

6/4/01 R7.103 - THE GUY RAYMOND EQUINE RESEARCH FUND

Recitals-

A. Herbert Guy Raymond, late of in the State of Victoria, Racehorse Owner and Breeder, who died on 19 November 1971 bequeathed to the University $20,000 for equine research at the Veterinary Clinical Centre at Werribee to be known as 'The Guy Raymond Equine Research Fund'.

B. The University received the sumo f $20,000 in satisfaction ofthe bequest.

C. Mrs Werra Freida Granich, late of Geelong in the State of Victoria, who died on 6 June 1982, bequeathed to the University half of her residuary estate 'for the benefit ofthe Veterinary Clinical Centre of tlie University of Melbourne at Princes Highway, Werribee' without any trust or naming obligations attaching to her bequest. The University received $11,223 in satisfaction of the bequest.

D. In 1999 the University added the Werra Freida Granich Bequest to The Guy Raymond Equine Research Fund.

It isprovide d as follows-

1. The sum of $20,000 and any additions and accumulations to the sum forms a fund called 'The Guy Raymond Equine Research Fund' ('the fund') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income ofthe fond is devoted by the Council to equine research in the University at its veterinary clinical centre at Werribee on the recommendation of the faculty of Veterinary Science ('the faculty').

3. Any surplus income of the fond may be added to the fond or retained as income as the Council thinks fit.

The Council may, on the recommendation of the faculty, expend such part or parts of the capital of the fund as the Council thinks fit.

[Recitals C and Dmad e 4/9/00.]

13/10/00 R7.104 - THE ROPER BEQUEST

Recitals-

A. Lillian Jeanette Roper late of "Avenel" 26 Esplanade Southport, in the State of Queensland, widow who died on 7 March 1974 bequeathed $300,000 to the University and in her will stated

"It is my wish that the said University shall apply the said sum as follows-

(i) As to FIFTY THOUSAND POUNDS part thereof in or towards the establishment or endowment of a Chair or Readership in the faculty of Agricultural Science ofthe said University.

(ii) As to the remaining ONE HUNDRED THOUSAND POUNDS of the said legacy as an endowment for postgraduate medical research at or under the control and direction ofthe said University.

It is my further wish that the name of my late husband shall be suitably commemorated in respect of each part ofthe said sum so applied as for instance by the naming of a Chair, Readership or Endowment Fund by the designation 'C.R. Roper'";

B. The University has consulted the executors concerning the application of the bequest in a manner compatible with the wishes expressed by the testatrix and the executors have approved the University's proposals for the use of the bequest by the establishment of a fund to support a fellowship for the conduct of research in agricultural science as provided in this regulation.

C. The name of the faculty of Agricultural Science has since the date of the testatrix' will been altered to that of Institute of Land and Food.

D. The University received securities to the value of $300,000 in satisfaction of the bequest, which have increased in value to $4,580,187 at 31 December 1994.

It is provided as follows-

1. (1) The securities with a value of $4,580,187 and any accumulations or additions

or substitutions must be divided intothre e equal parts and constitute-

(a) as to one part a fund for research in agricultural science;

(b) as to two parts a fund for post-graduate medical research.

(2) Each fund must be invested as the Council from time to time directs.

2. (1) The net income ofthe fund for research in agricultural science is applied to the provision from time to time of a fellowship or fellowships. (2) Each fellow must be appointed by the Council on the recommendation ofthe 16/7/99 R7.104 THE ROPER BEQUEST

Institute of Land and Food Resources ("the faculty") on such terms and for such periods as the Council on the recommendation ofthe faculty determines on each appointment.

(3) A fellowship may be awarded to encourage research in any field which is relevant to agricultural science and the resources used by the industry of agriculture. The industry is deemed to include both 'on farm' and 'off farm' activities, and resources to include both physical and human resources.

(4) Each fellow is known as a "C.R . Roper Fellow in Agricultural Science".

3. (1) The net income of the medical research fund must be applied in the promotion of medical research by the appointment from time to time of a research fellow known as a "C.R. Roper Fellow".

(2) Each fellowship is awarded by the Council on the recommendation of the faculty of Medicine, Dentistry and Health Sciences (which must make such recommendation on the advice of the Medical Research Committee established by Statute 5.4).

(3) Each C.R. Roper fellow in medical research is appointed for two years or for such further period and upon such terms as may be determined from time to time by the Council on the recommendation of the Medical Research Committee.

4. (1) If in any year there is unexpended income in either fund the Council may on the recommendation ofthe appropriate faculty carry the surplus forward to a further year as income or may direct that it be invested by way of addition to that fund.

(2) If in any year the income ofa fund is insufficient for the purpose specified for that fund the Council may at any time and from time to time direct that the capital of that fund be resorted to, to provide for such purpose.

[Edit. am. 18/9/98, s. 2 (3) substit. 5/7/99.]

16/7/99 R7.106 - NERVE DEAFNESS APPEAL FUND

Recitals-

A. An appeal was launched on behalf of the Council of the University by the management of the Melbourne television station ATV Channel O in November 1974 which has since continued and been renewed annually.

B. Money so raised was to be devoted in the first instance to the special purpose of conducting research into nerve deafness in the department of Otolaryngology under the direction of Professor Graeme Clark and secondly, if that research was discontinued in the University, to support any other continuing programme of research into nerve deafness in the University and if there was no such programme of research being conducted in the University then for such purposes of the University as the Council in its absolute discretion determines.

C. The sum of $171,59 1 was received by the University.

It is provided as follows-

1. The sum of $171,591 and any accumulations and additions to the sum forms a fond called the "Nerve Deafness Appeal Fund" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) The net income of the fund is applied from time to time by the Council-

(a) first for the support and advancement of the research programme into nerve deafness conducted in the department of Otolaryngology ofthe faculty of Medicine, Dentistry and Health Sciences, under the direction of Professor Graeme Clark, or, if such programme is discontinued in the University, then

(b) on the recommendation ofthe Medical Research Committee for the development and support of any similar and continuing programme of research into nerve deafness within the University, or

(2) If the income of the fond is insufficient to provide for the stated purposes then the Council may direct that the capital of the fund or any part of it be expended for the purposes, whilst it continues, ofthe research programme referred to in paragraph (l)(a) and on the cessation of that programme for the purpose set out inparagrap h (l)(b).

3. If in the opinion of the Council, the programmes of research into nerve deafness referred to in 2(1)(a ) or 2(1)(b ) has concluded or been discontinued in the University then the Council may direct that all or any part ofthe capital or income ofthe fond is to be expended for such other purposes of the University as the Council on the recommendation of the Medical Research Committee thinks fit. R7.107 -TH E IDA MIRAMS MEMORIAL FUND

Recitals-

A. Alice Ida Mirams late of "Merton", South Road, Brighton, the founder of the hospital for the treatment of mental illness conducted for many years at that address, bequeathed to her trustees the balance ofthe capital and income of her residuary estate-

"UPON TRUST" to divide the same into two equal parts and to pay one of such parts to the University of Melbourne to be held under the name of the Ida Mirams Memorial Fund and the income thereof to be applied by the Council of the said University for the purposes of research into mental diseases and in particular into the physiological and pharmacological methods of treatment of mental disease ..."

B. The University has received $36,237 in satisfaction of the bequest, which sum increased to $215,690 at 31 December 1994.

It is provided as follows-

1. The sum of $215,690 and any accumulation and additions to the sum forms a fond called "The Ida Mirams Memorial Fund" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income of the fond is applied by the Council on the recommendation of the Medical Research Committee for the promotion and encouragement of research into the nature, causes, treatment and prevention of Mental Diseases. R7.108 - HEIDELBERG REPATRIATION HOSPITAL PROFESSORSHIPS OF MEDICINE AND SURGERY

Recital-

By two agreements between the University ofthe first part and the Repatriation Commission ofthe second part each dated 31 October 1975 the parties entered into certain arrangements with each other concerning amongst other matters the establishment and funding of a chair of Medicine and a chair of Surgery at the Repatriation General Hospital Heidelberg in the general clinical school of the University at the Austin Hospital and the Repatriation General Hospital Heidelberg. The Repatriation General Hospital is now known as Heidelberg Repatriation Hospital and the clinical school has been renamed the Austin Hospital and Heidelberg Repatriation Hospital Clinical School.

It is provided as follows-

1. The Council may appoint-

(a) a professor of Medicine; and

(b) aprofesso r of Surgery

at the Heidelberg Repatriation Hospital inth e general clinical school of the University at the Austin Hospital and the Heidelberg Repatriation Hospital.

2. Each professor must accept responsibility under the appropriate agreement and in accordance with the statutes and regulations of the University for graduates working for the degree of master or doctor and for undergraduates working for the degrees of bachelor in the Austin Hospital and Heidelberg Repatriation Hospital Clinical School.

3. Subject to section 4 this regulation continues in force in relation to either chair only during the continuation ofthe agreement appropriate to that chair.

4. Notwithstanding the termination of either chair under section 3 the professor then occupying the chair may continue as a professor ofthe University subject to the provisions of Statute 7.1 and the acceptance by the professor of such appointment appropriate to the qualifications of the professor as the Council, on the recommendation ofthe faculty of Medicine, Dentistry and Health Sciences, offers to the professor. R7.109 -T.G . SEYMOUR AND H.M. MOGENSEN MEMORIAL FUND

Recitals-

A. Herbert Manlius Mogensen, late of Melbourne, Chartered Accountant, bequeathed to the University the balance, after providing for certain payments, of the interest to which he was entitled at the date of his death in the ultimate residue of the estate of Thomas George Seymour, late of Walkerville in South Australia, Grazier.

B. Herbert Manlius Mogensen in his will expressed the wish that "any money so paid" should be applied "for veterinary purposes at the said University" and further stated in his will that he made the bequest "to commemorate the said Thomas George Seymour" and desired "the University to consult my daughter Russell Hoddle Locke on the application of any moneys aforesaid and to take her wishes into account".

C. The University has consulted Mrs Russell Hoddle Locke accordingly and has taken her wishes into account.

D. The University received $81,647 in satisfaction of the bequest, which sum increased to $499,980 at 31 December 1994.

It isprovide d as follows-

1. The sum of $499,980 and any accumulations and additions to the sum forms a fond called the "T.G. Seymour and H.M. Mogensen Memorial Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fund is applied by the Council, on the recommendation of the Veterinary Research Committee established under Regulation R7.55, for all or any ofthe following purposes-

(a) to promote and encourage the conduct of veterinary research and teaching in the faculty of Veterinary Science ("the faculty");

(b) to appoint from time to time a fellow ("The Thomas George Seymour Fellow") or a scholar ("The Thomas George Seymour Scholar") to undertake in the faculty research relating to animals of agricultural importance;

(c) for such other purposes of the faculty as may be approved by the Council on the recommendation ofthe committee.

3. The Council may, on the recommendation of the committee, and during her lifetime with the concurrence of the testator's daughter Russell Hoddle Locke, expend a part or the whole of the capital for any or all ofthe purposes set out in section 2. R7.110 -TH E A.A.H. PIERCE BEQUEST

Recitals-

A. Arthur Albert Howard Pierce, late of Caulfield in the State of Victoria, bequeathed to the University the whole of his estate, subject to two life tenancies which have now terminated.

B. The testator, who died on 26 April 1972, directed that his trustees "pay and transfer the whole of my estate to the University of Melbourne absolutely for the purpose of carrying out research work by the School of Natural Philosophy the nature of such research work being determined by the occupant for the time being of the Chair of Natural Philosophy in the said University who is to have absolute discretion in the matter".

C. At the time the will was made in 1938 there was within the University a school of Natural Philosophy and there was a chair of Natural Philosophy, the occupant of which was responsible for all aspects ofthe School's research programme.

D. The school of Natural Philosophy became the school of Physics in 1943 and by 1972 it had four sections, each presided over by a professor, the professor ofNatura l Philosophy having become the Chamber of Manufactures professor of Physics in 1944.

E. In 1973 the University made provision for the appointment of chairpersons (now heads) of departments and schools to assume responsibility for the academic and administrative functions of those departments and schools.

F. Responsibility for, among other things, research undertaken in the school of Physics, was thus transferred from the original sole professor at the time the will was made to the head of a much- expanded school at the time ofthe testator's death.

G. It is consistent with the intention of the testator that the research work to be carried out pursuant to the bequest should be undertaken by the school of Physics and that the discretion to determine the nature of such research should be exercised byth e head ofthe school.

H. The University received cash and securities, which have a current value of $196,613 at 31 December 1994.

It isprovide d as follows-

1. The cash and securities valued at $196,613 and any accumulations and additions to the cash and securities form fond called "The A.A.H. Pierce Bequest" ("the fond"), and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The fond is applied by the Council, on the recommendation of the head of the school of Physics ("the head"), to research work in the school ofPhysics .

3. The nature ofthe research work is to be determined by the head from time to time.

4. Any unexpended income in any year is to be added to the capital ofthe fond. R7.111 - THE LOUISE B.M. HANSON-DYER AND J.B. HANSON BEQUEST

Recitals-

A. Louise Hanson-Dyer, who died on 9 November 1962, bequeathed to the University the residue of her Australian estate as 'a bequest for the advancement of music education and research, to be known asth e Louise B.M. Hanson-Dyer &J.B .Hanso n Bequest'.

B. Joseph Birch Hanson, the widower of Louise Hanson-Dyer, died in 1971, leaving his estate in Switzerland, subject to certain life interests to his widow, to the University to be added to his late wife's bequest.

C. On 8 May 1979, the University entered an agreement with Margarita Hanson and the trustee of Louise Hanson-Dyer's Australian estate, whereby the University agreed to provide funds to the Lyrebird Press out ofthe income of Louise Hanson-Dyer's bequest for a period often years or until the earlier completion of the publication of the series 'Polyphonic Music of the 14th Century'. University Standing Resolution R7.111 (formerly Regulation 7.111) was enacted on 4 September 1979 to give effect to that agreement. The agreement and the standing resolution provided that, following the termination of payments pursuant to that agreement, tlie Council should apply the fond both as to capital and income for the purposes of music education and research in such manner as the Council from time to time determines.

D. On 13Jun e 1986, Margarita Hanson and the University entered into a separate agreement pursuant to which-

(i) The Lyrebird Press was established as a limited liability company in Monaco and the business of Lyrebird Press was transferred to the company;

(ii) The premises at which Lyrebird Press is conducted, at 21 Rue Basse, Monaco, were transferred to a Societe Civile Immobiliere ('SCI'), and the premises are leased to the company;

(iii) The Lyrebird Trust was established on 19 March 1990 to hold the shares in the company, the shares in the SCI and a library of music and books transferred to the trust by Margarita Hanson for the creation of a library to be known as the 'Louise Hanson-Dyer Music Library'. The trustees ofthe trust are the University, Margarita Hanson and Michael Davitt Moroney. The Trust is to vest in the University on the death of Margarita Hanson or on 31 December 2006, whichever is the later;

(iv) The University agreed that, at least for the duration of the trust, it would continue to support the Lyrebird Press to the extent set out in the agreement.

E. In 1988 the University received a total sum of $464,430 from J.B. Hanson's Swiss estate, which forms part of the bequest, but the income of which is dealt with separately and is governed by the agreement referred to in recital D.

F. The Vice-Chancellor has recommended that-

(a) the management of the fond and of the relationship of the University with the Press and the trust be conducted by a new Hanson Bequests Committee; and

(b) the Music Bequests Committee or another committee nominated from time to time by the Council determine (subject to contrary decisions by the Council) the application within the University of excess funds from the bequest after the application of funds pursuant to the agreement.

G. The sum of $464,430, together with accumulations and additions from the bequest referred to in Recital A, increased to $3,059,919 at 31Decembe r 1994.

13/3/03 R7.111 LOUISE B.M. HANSON-DYER ANDJ.B .HANSO N BEQUEST

It isprovide d as follows-

1. The sums held by the University at the commencement hereof pursuant to the bequest of Louise Hanson-Dyer and the bequest of J.B. Hanson, together with any accumulations and additions to the sums, comprise a fund to be known as "The Louise B.M. Hanson-Dyer & J.B. Hanson Bequest' ('the bequest') and must be invested by the Council in investments in which the University is authorised by lawt o invest money held on trust for charitable purposes.

2. (1) A committee of management, to be known as "The Hanson Bequests Committee' ('the

committee'), ishereb y established.

(2) The committee comprises-

the vice-chancellor a deputy vice-chancellor or assistant vice-chancellor nominated by the vice-chancellor the senior vice-principal or the nominee ofthe senior vice-principal the chief financial officer the head ofthe University of Melbourne school of Music the dean ofthe faculty ofMusic . The committee may co-opt up to three further persons who have expertise relevant to the functions ofthe committee.

(3) The functions ofthe committee are-

(a) subject to any directions of the Council, to manage and administer the bequest in accordance withthi s regulation;

(b) subject to any directions of the Council, to manage the relationship of the University with the Lyrebird Press and to carry out the functions and obligations of the University as trustee ofthe Lyrebird Trust.

3. The bequest will be maintained in the following accounts-

(a) an account comprising the funds bequeathed to the University by Louise Hanson-Dyer and accumulations and additions to the funds ('the L.B.Hanson-Dye r fund');

(b) an account comprising the funds bequeathed to the University by J.B. Hanson and accumulations and additions to the funds ('the J.B.Hanso n fund').

4. If the University receives any further funds from the estate of J.B. Hanson, those funds must be added to the J.B.Hanso n fund, tob e dealt with in accordance with this regulation.

5. (a) Subject to paragraph 5(b) below, the net annual income of the L.B. Hanson-Dyer fund must be applied inth e ensuing year as follows-

(i) an amount not exceeding 55% of the net annual income of the fund must be paid to the Lyrebird Press if the Press so requests, but such amount must not exceed the cash deficit of the Lyrebird Press for the year in which the income of the fund accrued. The amount of any such cash deficit must be determined by reference to a balance sheet and profit and loss account of the Lyrebird Press duly audited and certified by the usual auditor ofthe Lyrebird Press; and

(ii) the remainder must be applied in accordance with section 7 of this regulation.

(b) During each year inwhic h the income ofthe L.B.Hanson-Dye r fund accrues, the committee may advance funds to the Lyrebird Press on account of the funds which the committee considers likely to be payable to the Lyrebird Press in the ensuing year. If any sum is so advanced in any year, an equivalent sum must be deducted in the ensuing year (and, if necessary, later years) from the amounts payable to the Lyrebird Press pursuant to sub­ paragraph 5(a)(i).

13/3/03 LOUISE B.M. HANSON-DYER AND J.B. HANSON BEQUEST R7.111

6. The net annual income ofthe J.B.Hanso n fund must be applied in the ensuing year as follows-

(a) if that portion of the L.B. Hanson-Dyer fund referred to in paragraph 5(a)(i) of this resolution is insufficient to reduce to zero the cash deficit of the Lyrebird Press for the year in which the income accrued, then an amount not exceeding the net annual income of the J.B. Hanson fond and not exceeding the unpaid balance of the annual cash deficit of the Lyrebird Press must be paid to the Lyrebird Press if it so requests. However, no greater amount may be paid to the Lyrebird Press in any one year out of the net annual income of the J.B. Hanson fund than the amount which, combined with the amount applied from the previous year's income ofthe L.B. Hanson-Dyer fund, equals 90% ofthe net annual income ofthe L.B. Hanson-Dyer fond in the previous year.

(b) If, in any year, all of the previous year's net annual income of the J.B. Hanson fund is not required to be paid to the Lyrebird Press, the balance must be invested as part of the fond but will remain available for up to three years from 31 December of the year in which the income accrued and may be used, in the absolute discretion of the University, to reduce any later year's cash deficit of the Lyrebird Press if, in any of those later years, the payments made pursuant to paragraphs 5(a)(i) and 6(a) do not amount to the annual cash deficit ofthe Lyrebird Press for the previous year.

(c) Subject to paragraph (b) of this section, the remainder ofthe net annual income ofthe J.B. Hanson fond must be applied in accordance with section 7 of this regulation.

7. (a) Subject to paragraph 7(c) below, the remainder of the net annual income of the bequest not specifically expended pursuant to sections 5 and 6 of this regulation ('the reserve') must be applied in the ensuing year for such projects involving music education and research as a committee to be nominated or created by Council from time to time determines.

(b) In determining the projects to which the income of the bequest fond will be applied in any year, the committee must take into account (but will not be bound by) the guidelines for the application of the funds prepared by Louise Hanson-Dyer, annexed to her will and dated 2 December 1961. A true copy of the guidelines is held in the office of the vice-principal (aa'ministration) in the University.

(c) Where, in any year, the furtherance of the purposes described in paragraphs 5, 6 and 7(a) does not require the application of the whole of the income of the bequest available for those purposes, the surplus must be added to the capital of the bequest fond for the purpose of investment only and remains available to be used as income for the purposes described in paragraph 7(a) in any subsequent year.

8. (1) For the purposes of this regulation income for a year will be determined on 31 January next following.

(2) In this regulation the expression 'year' means acalenda r year.

[Edit. am. 17/5/96,edit . am. 22/7/96,a m 3/5/99, effective 1/7/99,s . 2 (2) am. 5/7/99, Title and s. 2 am. 3/3/03.]

13/3/03 R7.112 - D.V. DARWIN BEQUEST

Recitals-

A. Donald Victor Darwin late of 24 Parlington Street Canterbury in the State of Victoria a master of Civil Engineering of the University who died on 8 March 1972 bequeathed $26,950 to the University.

B. The testator directed by his will-

"(i) That the University shall invest the same in the manner hereinafter set out and apply the income thereof to assist research in Civil Engineering including Transport in such manner as the Council of the University on the recommendation of the faculty of Engineering (together with such other faculty or board of studies as may from time to time be responsible for the teaching of or research in Transport in the University) shall determine; and

(ii) That the Council of the University shall not be restricted to investments from time to time sanctioned by law for the investment oftrus t funds but shall be free to invest the said sum or any part thereof in any way in which the Council in its absolute discretion may think fit in all respects as if the University were sole beneficial owner of such sum and may from time to time vary or transpose such investments; and

(iii) That any unspent income of the said sum in any one year shall be added to the capital thereof but shall nevertheless remain available to be used as income in any subsequent year as the Council on the abovementioned recommendation shall think fit".

C. The University received $26,950 insatisfactio n ofthe bequest.

D. The University received $26,950 at the time ofthe donation, which sum increased to$89,49 6 at 31 December 1994.

It is provided as follows-

1. The sum of $26,950 and any additions and accumulations to the sum forms a fond called the "D.V. Darwin Bequest" ("the fond") and the fond must be paid into an investment pool and must remain thee until the Council directs otherwise.

2. The fond is administered by the Council on the recommendation ofthe faculty of Engineering ("the faculty").

3. The net income ofthe fond is applied to assist research into Civil Engineering and, without limiting the generality ofthe foregoing, mayb e used for any or all ofthe following purposes-

(a) to meet the expenses in the whole or in part of symposia and like activities concerning aspects of transport engineering;

(b) to enable grants or other payments to be made to visiting research workers in civil engineering;

(c) to provide financial assistance for members of staff engaged in research into transport carried out in the department of Civil and Agricultural Engineering of the faculty to visit other institutions either inAustrali a or abroad in connection with such research;

(d) to support a particular research project conducted under the aegis of the faculty by providing-

(i) financial assistance (whether by way of a scholarship or otherwise) for a graduate student engaged on the project; or

(ii) the salary or a contribution toward the salary of a research assistant engaged upon the project; or R7.112 D.V.DARWI N BEQUEST

(iii) thecos to fan yitem so fequipmen trequire d for usei nth e project.

Anyunexpende d income in anyyea r must be added to the capital oft he fund but mayb e used as incomei nan ysubsequen tyea ra sth eCouncil ,o nth erecommendatio n ofthe faculty, directs. R7.115 - THE NORMAN THOMAS MORTIMER WILSMORE RESEARCH FUND

Recitals-

A. Mrs. Leonora Jessie Wilsmore, late of Claremont in the State of Western Australia, who died on 26 May 1945, bequeathed to the University, subject to certain life interests which have now terminated, the whole of her residuary estate "to be applied by it to a Foundation of Research in pure or applied chemistry" in memory of her late husband Norman Thomas Mortimer Wilsmore a graduate ofthe University and later aprofesso r ofthe University of Western Australia.

B. The testatrix directed that the fund so provided should be named "The Norman Thomas Mortimer Wilsmore Research Fund".

C. The University received cash and investments amounting to approximately $120,00 0 in satisfaction ofthe bequest, which sum increased to $757,549 at 31 December 1994.

It is provided as follows-

1. The cash and investments totalling $757,549 and any accumulations and additions or substitutions with respect to them form a fond called "The Norman Thomas Mortimer Wilsmore Research Fund" ("the fond") and the fond be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) The net income ofthe fond is applied by the Council for such purposes of research in Pure or Applied Chemistry as the Council, on the recommendation of the faculty of Science ("the faculty"), from time to time determines.

(2) Without derogating from the generality of sub-section (1) the net income may be applied-

(a) (i) to provide for the appointment from time to time of a visiting research fellow who isdistinguishe d in the field of chemistry; and

(ii) to meet the incidental expenses associated with such appointment; or

(b) for the provision of equipment, material or the salary of any member of staff for the purposes ofthe conduct ofthe research referred to in sub-section (1).

(3) Any fellow appointed for the purposes of this regulation is known as the Wilsmore Fellow 'in Chemistry' or 'in Applied Chemistry' as appropriate in each case and is appointed for such term and on such conditions as the Council, on the recommendation of the faculty, on each appointment determines. R7.116 - THE JASPER LOFTUS-HILLS MEMORIAL FUND

Recitals-

A. Mr and Mrs K. Loftus-Hills, the parents of Jasper James Loftus-Hills, a graduate in Science and a doctor of Philosophy of the University who died in 1974, wish to provide a memorial to their son and for that purpose have donated $7,000 to the University to be applied in the first instance to the endowment of a lecture or lectures inth e field of his major interest, Zoology.

B. The donors have directed that if it becomes impracticable, in the opinion of the Council, to continue to hold the lecture or lectures, then the income of the fond may be used at the Council's discretion for such purposes of the department of Zoology or any other department carrying out work related to Zoology in the fields of evolutionary biology and ecology, acoustic communication and behaviour or neurophysiology as the Council determines.

C. On 31 October 2002 the Attorney General of Victoria made an Order that-

'That the income of the Fund be applied to awarding Jasper Loftus-Hill Awards to students enrolled in a degree by research in the Department of Zoology and that at the end of their research the recipients be required to present their results of their research at an annual Jasper Loftus-Hills Symposium. Such awards not to exceed three in any one year. The awards to be of such value as the Council determines.'

It is provided as follows-

1. The sum of $7,000 and any accumulations and additions to the sum forms a fond called the 'Jasper Loftus-Hills Memorial Fund' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The annual net income of the fond must be applied to providing Jasper Loftus-Hills Awards ('the awards'), which will not exceed three in any year, open for award to students enrolled in a research degree in the department of Zoology ('the department'). The awards are made by Council on the recommendation of the dean of the faculty of Science who before making any recommendation concerning the awards must consult the head ofthe department.

3. The awards are to be of such value as Council on the recommendation ofthe dean may detemiine.

4. Students who receive the awards will present the results of their research at an annual Jasper Loftus-Hills Symposium arranged byth e head ofthe department.

5. If, in the opinion of Council, it becomes impracticable to continue to award the Jasper Loftus-Hills Awards then Council may apply the net annual income including any accumulated income to such purposes ofthe department of Zoology as Council may determine.

6. The name Jasper Loftus-Hills must be associated with any purpose to which the net income of the fond is applied.

[Title am., Recital C subst., Recital Dan d ss. 2an d 3 revoked, s. 4 renumbered s. 6, ss. 2 -5 made 3/3/03.]

13/3/03 R7.117 - THE LESLIE H. BRUNNING RESEARCH FUND

Recitals-

A. Leslie Herbert Ashley Brunning of Elstemwick in the State of Victoria Seed Merchant who died on 12Decembe r 1947bequeathe d £4,000 ($8,000) to the University.

B. The testator bequeathed the sum to tlie University to establish a fond to be known as the 'Leslie H. Brunning Research Fund' 'for the purpose of establishing a scholarship for Agricultural Research into Pasture and other fodder plants suitable to Australian conditions or such other similar suitable objects deemed desirable or necessary by the governing body ofthe said University'.

C. The University received $8,000 in satisfaction ofthe bequest.

D. The University received $8,000 at the time ofthe donation, which sum increased to $13,600 at 31 December 1994.

It isprovide d as follows-

1. The sum of $13,600 together with any accumulations and additions the sum forms fond known as the 'Leslie H. Bmnning Research Fund' ('the fond') and the fond must be paid into an investment pool and must remain there until Council directs otherwise.

2. Subject to section 4 the net annual income ofthe fond is applied to the provision of a scholarship or scholarships tenable in the faculty of Land and Food Resources ('the faculty') for research concerned with the development of pasture and other fodder plants suitable to Australian conditions.

3. Each scholarship is awarded by Council on the recommendation of die faculty.

4. If in any year Council, on the recommendation ofthe faculty, deems it desirable or necessary to provide for other aspects of the conduct of such research Council may direct that all or part of the net annual income in that year be expended for the purchase of equipment or material for the purposes of such research or by way of contribution to the remuneration of a staff member associated with such research.

[Edit.am . 18/9/98, Titlean dss . 1-4am .7/3/05 /

7/3/05 R7.118 - THE RAYNES DICKSON MEMORIAL FUND

Recitals-

A. Mrs. Mary Violet Thornley Dickson of Seymour, Victoria, gave $30,000 to the University to form the endowment of a fond to.commemorate her late husband Raynes Wait Adrian Dickson, a graduate in Laws of thisUniversit y and a solicitor in the City of Melbourne.

B. The faculty of Law has proposed that the income of the fond be applied in the manner set out in section 2 below.

C. The donor, who approved the proposal, directed that if it becomes impracticable, in the opinion of the Council, to apply the income to the purposes stated in this regulation, then the Council may apply the income for such purposes related to the study of Law in the University as the faculty may recommend, provided that the name 'Raynes Dickson' is associated with any such application.

D. The donor directed that the investment of the fond was not restricted to authorised trustee investments but may be invested by the Council in any form of investment which the Council in its absolute discretion thinks fit.

It is provided as follows-

1. The sum of $30,000 and any accumulations and additions to the sum forms a fond known as 'The Raynes Dickson Memorial Fund' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) From the net annual income of the fond the Council may award annual exhibitions, each of which is called the 'Raynes Dickson Exhibition', to a value determined by the Council on the recommendation ofthe faculty of Law ('the faculty') to the candidate placed first in the final honours list in such subjects as the council on the recommendation ofthe faculty may fromtim e to time determine.

(2) The Council may, on the recommendation of the faculty, accumulate the unexpended income ofthe fond.

(3) The Council may, on the recommendation ofthe faculty, apply the accumulated income and any unexpended income of the fund-

(a) to provide the endowments and expenses of a lectureship or research fellowship in Law; and

(b) to support the purposes ofthe Law branch library;or for either (a) or (b).

3. The lectureship in Law is called the 'Raynes Dickson Lectureship' and appointments to it may be made from time to time by the Council either as a foll-time or as a part-time lectureship on the recommendation ofthe faculty.

4. The tenure of the Raynes Dickson Lectureship and the conditions of appointment are those determined from time to time by the Council on the recommendation ofthe faculty.

5. The research fellowship in Law is called the 'Raynes Dickson Research Fellowship' and appointments to it may be made from time to time by the Council either as a foll-time or as a part-time research fellowship on the recommendation ofthe faculty.

6. The tenure of the Raynes Dickson Research Fellowship and the conditions of appointment are those determined from time to time by the Council on the recommendation ofthe faculty.

7. The lectureship and research fellowship hereby established must not be used as substitutes for the provision for legal education which the University would otherwise find itnecessar y to make.

8. The period during which any unexpended income of the fond may be accumulated under sub-section 2(2) must be determined from time to time by the Council on the recommendation of the faculty.

9. If, in the opinion of the Council, it becomes impracticable to apply the net income in accordance with the provisions of section 2, the Council may, on the advice of the faculty, apply the net income and any accumulated income to such other purposes related to the study of Law in the University as it may from time to time detennine provided that the name Raynes Dickson is associated withan ysuc hpurpose .

R7.118 THE RAYNESDICKSO N MEMORIAL FUND R7.120 - THE W.E. AND C.H.H. COOK MEMORIAL FUND

Recitals-

A. Walter Edmund Cook, late of Pymble in New South Wales, retired Civil Engineer, a master of Civil Engineering of the University, appointed the University his residuary beneficiary in the terms of his will dated 14 October 1937,afte r providing for a number of life interests which terminated in 1980.

B. Walter Edmund Cook in his will requested, "without seeking to impose any trust or legal obligation", that the University "apply any moneys coming to it" under his will "in research work in Engineering and Physics in memory of Charles Henry Herbert Cook and myself, both graduates of such University". Walter Cook did not take out his bachelor's degree but graduated MCE (1885) and his brother Charles Cook BA(1866) LLB(1868).

C. The University received $25,898 in satisfaction of tlie bequest, which sum increased to $31,656 at 31 December 1994.

It isprovide d as follows-

1. The sum of $31,656 and any accumulations and additions to the sum forms afond calle d the "W.E. and C.H.H. Cook Memorial Fund" ("the fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) The net annual income of the fond is divided between the faculties of Engineering and Science for the purposes of research in Engineering and Physics and applied by the Council on the recommendation of the dean of the relevant Faculty provided that before making any such recommendation the dean of the faculty of science must consult the head of the school of Physics.

(2) The Council may, on the recommendation of the deans of the faculties of Engineering and Physics, apply part of the capital of the fond in the manner and for the purposes referred to in sub-section (1).

3. The names of Walter Edmund Cook and Charles Henry Herbert Cook must be associated with any application ofthe income or the capital ofthe fond.

[RecitalsA andB am.,ss .2(1 )an d (2)subst . 15/12/03]

16/12/03 R7.121 -TH E EUPHEMIA ALICE McIVER FUND

Recitals-

A. Euphemia Alice Mclver, late of Castlemaine in Victoria, a Master of Science in geology of this University, who died on 25 August 1978, bequeathed to the University six-tenths ofthe residue of her estate "to be used for such purposes ofthe School of Geology as the head ofthe School for the time being shall recommend for post-graduate purposes":

B. Since Miss Mclver's graduation in 1937, when the courses for the degree with final honours of bachelor of Science and the degree of master of Science in geology were undertaken in the School of Geology, there has been a change in the organisation of the University so that the School of Geology is now the School of Earth Sciences, the head of which is the head of that School:

C. The Council desires to commemorate the name of Euphemia Alice Mclver:

D. The University received the sum of $33,383 in satisfaction of the bequest, which sum increased to $113,383 at 31 December 1994.

It is provided as follows-

1. The sum of $113,383 and any accumulations and additions to the sum forms a fond called "The Euphemia Alice Mclver Fund" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income from the fond is applied by the Council for such post-graduate purposes in the School of Earth Sciences ( "the school") as the head for the time being of the school from time to time recommends, including, but not to the exclusion of other appropriate purposes-

(a) the assistance ofpost-graduat e students; and

(b) the acquisition of equipment for post-graduate research.

3. The Council may, on the recommendation of the head, expend a part or the whole of the capital of thebeques t for the purposes referred to in section 2.

[Edit. am. 17/5/96.]

17/5/96 R7.122 - DONALD MACKAY MEMORIAL FUND

Recitals-

A. The trustees ofthe Amelia Eliza Holland Trust donated $10,000 for application by the University in the establishment of a fond for the assistance of students in memory of Donald Mackay.

B. The University received from the friends and associates of the late Donald Farquhar Mackay, formerly of the department of History of the University, sufficient donations to enable the establishment of two prizes and has established the Donald Mackay Prizes in history.

C. The Council determined that $127,bein g the amount by which the donations received exceeded the amount deemed sufficient for die establishment of the prizes, be added to the sum of $10,000 making a total of $10,127 which forms the endowment of a fond known as the "Donald Mackay Memorial Fund".

D. The University received $10,12 7 at the time of the donation, which sum increased to$ 18,00 0 at 31 December 1994.

It isprovide d as follows-

1. The sum of $18,000 and any additions and accumulations to the sum forms a fond called the "Donald Mackay Memorial Fund" ("the fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The fund is administered by the Council on the recommendation of the Students' Loan Fund and Bursaries Committee ("the committee").

3. (1) The net annual income of the fond is available to the committee for application by the committee as grants or loans toenrolle d students of the University who apply to it for any of the purposes set out in Statute 8.5 or in special cases for such purpose as in the opinion of the committee will be of assistance to the applicant in continuing and completing the course of studies for which the applicant is enrolled.

(2) The committee must determine, having regard to the evidence of need produced to it by an applicant, the amount ofthe grant or loan to be made to the applicant, and, in the case of a loan, the terms of repayment.

(3) A student who has received assistance from the University Students' Loan Fund is not thereby disqualified from receiving agran t or loan from the fund.

(4) Any amount repaid inrespec t of a loan must be added to the capital ofthe fond.

4. The committee must separately report to the Council in each year the names of students to whom grants or loans have been made from the fond, the purpose and amount of each grant or loan, the repayments (if any) received and the balance, including accumulated income, held in thefond.

5. If in any year the net income of the fond including accumulated income is insufficient to provide for the loans or grants approved by the committee the Council may at any time and from time to time direct that the capital of thefond b e resorted to for that purpose. R7.123 -J.M . HIGGINS RESEARCH FOUNDATION

Recitals-

A. Sir John M. Higgins Chairman of the British Australasian Wool Realisation Association and Lady Higgins presented to the University, in connection with the 1920 Appeal Fund, £2,500 for the endowment of equipment for the department of Agriculture and a further sum of £2,500 for the endowment of Veterinary Research.

B. The memory of Sir John M. and Lady Higgins as donors of the above donations to the Appeal Fund has been perpetuated by the naming of an exhibition referred to in Regulation 7.3.6(a).

C. In October 1923, the donors presented to*the University the sum of £2,000 to be divided equally between funds for Veterinary Research and Agricultural Research and in October 1924 the sum of £2,500 to be divided equally between a fund for research with respect to diseases of sheep and cattle and one for experiments with fertilisers for the growth of cereals and for the improvement of pasture lands.

D. It was decided to provide by regulation for the establishment of a foundation consisting of the two funds and to further commemorate the names ofthe donors.

E. The capital was $69,146 at 31 December 1994.

It isprovide d as follows-

1. The sum of $69,146 and any accumulations and additions to the sum forms the endowment ofthe "J.M. Higgins" Research Foundation ("the fond") and the fond is divided into two equal parts constituting-

(a) as to one part, a fond for Veterinary Research; and

(b) as to one part, a fund for Agricultural Research;

which must be invested as the Council from time to time directs.

2. (1) The net income ofthe fond for veterinary research is applied in the promotion of veterinary research whether by the appointment of a research fellow or fellows or by the payment of the necessary expenses of research as the Council may from time to time direct:

Provided that, other things being equal, preference must be given to research with respect to diseases ofshee p and cattle.

(2) The net income of the fond for agricultural research is applied in the promotion of agricultural research whether by the appointment of a research fellow or fellows or by the payment ofthe necessary expenses of research as the Council may from time to time direct:

Provided that, other things being equal, preference must be giyen to research with respect to the use of fertilizers for the growth of cereals and for the improvement of pasture lands.

3. Any research fellow who may be appointed under this regulation is known for the term of the appointment as a "J.M. Higgins Research Fellow" and any work published by such a fellow or by any other person whose work has been substantially assisted from this foundation must bear the imprint "J.M. Higgins Research Foundation". R7.124 - T.R. ASHWORTH BEQUEST

Recitals-

A. Thomas Ramsden Ashworth, late of St. Kilda Road, Melbourne, Architect, who died on 23 August 1935, bequeathed to the University, subject to certain life interests which have terminated, the whole of his residuary estate "upon trust to invest the same and to expend the annual income derived therefrom in establishing and maintaining a Professorship or Lectureship on some subject or subjects in connection with sociology but excluding economics and/or in providing a biennial prize of a substantial amount called "The Ashworth Prize" for award to persons "as are or have been students of the said University such prize shall be for a diesis on some subject in connection with sociology and shall be awarded at such intervals and in such manner and subject to such terms and conditions as the University Council mayfrom tim e to time prescribe or for both such purposes at the discretion ofthe University Council.".

B. The University received $500,000 in satisfaction of thebequest , which sum increased to $1,658,189 at 31 December 1994.

It is provided as follows-

1. The cash and investments totalling $1,658,18 9 and any accumulations and additions to them form a fond called the "T. R. Ashworth Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. Subject to Section 3, the net income of the bequest must be used to establish and maintain a professorship and, if there is sufficient net income to establish and maintain them, in addition to the professorship, a readership or one or more lectureships on some subject or subjects in connection with sociology, but excluding economics.

3. The decision to establish a professorship in accordance with section 2 must be taken at such time as the discipline of sociology is, in the opinion of the Council, sufficiently developed to provide the academic support required for the establishment and maintenance of a professorship.

4. Until that decision is made, the net income must be applied to the establishment and maintenance of a readership or one or more lectureships in the discipline of sociology, but excluding economics.

5. The title of the person or persons appointed under section 2 must include the words "T.R. Ashworth" before the word designating the status of that person and must include an addition to it which is appropriate to describe the subject or special field of learning to which the bequest is being directed.

6. The lecturer is appointed from time to time by the Council on the recommendation of a committee of the Council appointed by the Council on such terms and conditions as the Council on each appointment determines.

[ss.2 and3 subs .1/4/96 /

17/5/96 R7.125 - CATHERINE GRACE McWILLIAM BEQUEST

Recitals-

A. Catherine Grace McWilliam, late of 445 Flemington Road, North Melbourne in Victoria, who died on 4 May 1978, devised and bequeathed to the University the whole of her residuary estate and declared in her will 'it is my desire (without limiting the generality of the foregoing) that the said University of Melbourne apply this disposition for the benefit of the Faculty of Music within the said University and the furtherance of music education within the said University'.

B. The University received $151,410 insatisfactio n ofthe bequest, which sum increased to $357,262 at . 31 December 1994.

It is provided as follows-

1. The sum of $357,262 and any accumulations and additions to the sum forms a fond called the 'Catherine Grace McWilliam Bequest Fund' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. To perpetuate the memory of Catherine Grace McWilliam a prize, to be known as the Catiierine Grace McWilliam Prize, of $1,000 , or such sum as the Council on the recommendation of the faculty of Music ('the faculty') may from time to time determine, is to be awarded annually to tlie student who, in the opinion of the faculty is the best student in the Final Year of the course for the degree ofbachelo r of Music in the faculty.

3. Except as provided above, the capital and income of the fund is to be applied for the benefit of the faculty and the furtherance of music education in the University in such manner as the Council, on the recommendation ofthe faculty, may from time to time determine.

[s. 2 am. 16/12/02.]

20/12/02 R7.127 -TH E ALBERT H. MAGGS COMPOSITION AWARD

Recitals-

A. Albert H. Maggs ofToora k in Victoria, Bookmaker, presented to the University in 1966 the sum of _$10,00 0 for the purpose of founding an award to be known as "The Albert H. Maggs Composition Award" with the expressed with that this award should encourage and assist composers of classical music who might otherwise abandon their efforts for want of means.

B. The donor directed that the sum of $10,000 and any accumulations or additions to the sum be invested in first mortgages of real estate or in any government securities in which trustees may, according to the law for the time being in force in any State or Territory of the Commonwealth of Australia, invest trust funds.

C. On 31 May 1967 the donor, mindful of the constant decrease in the value of money, presented to the University the sum of $4,000 for the establishment of a separate fond, the income therefrom being invested and reinvested as for the principal fund, for the purpose of supplementing the principal fond at five-yearly intervals by an amount sufficient to enable the amount ofthe award to be increased by $50 every five years and the separate fund was established.

D. The amount of the award was increased by $50 to $450 in 1972 and by a further $50 to $500 in 1977.

E. . On 15 June 1977 the donor presented to the University a further sum of $4,000 to be added to the separate fund, so that the principal fond might be supplemented in 1982 and every five years thereafter by an amount sufficient to enable the award to be increased by $100 in 1982 and every fiveyear s thereafter.

F. The donor presented the sum of $4,000 to the University in 1981 for addition to the separate fund making atota l of $12,000 donated for that fund.

G. The amount ofthe award was increased to $600 in 1982.

It isprovide d as follows-

1. The sum of $10,000 and any accumulations or additions to the sum must be paid into a fond to be called "The Albert H. Maggs Composition Award Fund" ("the award fond") and must at all times be kept properly invested in the name of The University of Melbourne in first mortgages of real estate or in any government securities in which trustees may according to the law for the time being in force inan y State or Territory ofthe Commonwealth of Australia invest trust funds.

2. Th

3. (1) The award is open to competition amongst all persons who have been resident in Australia for two years or more immediately preceding the last day for application for the award but noothe r restrictions are tob e placed on eligibility to compete for the award.

(2) No candidate is ineligible to apply for the award because he or she has previously been granted the award.

4. (1) The award is granted in August in each year by the Council on the recommendation of a selection committee offive person s appointed annually by the Council.

(2) The chairperson ofthe selection committee is the Ormond professor ofMusic .

(3) At least one member of the selection committee must not be a resident of the State of Victoria.

5. (1) Each candidate for the award must lodge an application with the academic registrar by 31 March in each year.

(2) The academic registrar may, in special circumstances, permit the lodgement of an

14/5/99 R7.127 THE ALBERT H. MAGGS COMPOSITION AWARD

application after that date.

(3) The application of each candidate must list all musical works composed by the candidate whether or not they have been published or performed and must contain such other information as the selection committee may deem necessary.

6. As a condition of the award the successful candidate must agree-

(a) to submit to the selection committee within eighteen months of the announcement of the grant of the award a musical work of a serious nature ("the commissioned work"): provided that the selection committee may, at itsdiscretion , extend this period.

(b) to permit The University of Melbourne from time to time to borrow and to perform the commissioned work in public or otherwise without payment of any fee.

(c) that any disposition of the copyright in the commissioned work shall reserve to The University of Melbourne the rights set forth in section 6(b) of this regulation.

(d) that any publication of the commissioned work must acknowledge that it was commissioned under the terms of this standing resolution.

7. The amount of the award is $600 or such larger amount as may be fixed from time to time by the Council, of which amount half ist o bepai d when the award isgrante d and half on the receipt ofthe commissioned work.

8. The Council may, as it thinks fit, apply the unexpended income for any or all of the following purposes-

(a) to defray the expenses ofthe administration ofthe award;

(b) to supplement the income of any year it if should fall below $600 so that the award is not less than $600;

(c) to increase the amount of the award.

9. (1) The sum of $12,00 0 and any accumulations or additions to the sum must be paid into a fund called "The Albert H. Maggs Composition Award Supplementary Fund" ("the supplementary fund") and must be invested in any securities authorised by section 1o f this regulation.

(2) The income arising from the fund must be added to the corpus of the supplementary fund.

(3) The Council may, at the expiration of five years from 15 June 1982, and every five years thereafter, transfer from the supplementary fund to the award fund such sum as it may deem necessary in order to increase the amount ofthe award by $100.

(4) If the income from the supplementary fund exceeds the amount to be transferred pursuant to sub-section 9(3) of this regulation, the Council may, as it thinks fit, apply the surplus income-

(a) to defray the expenses of the administration of the award; or

(b) to increase the amount of the award; or

(c) for both such purposes.

[Am. 3/5/99, effective 1/7/99.]

14/5/99 R7.128 - THE MELBOURNE UNIVERSITY ENGINEERING FOUNDATION

Recitals-

A. Council ofthe University in 1982 approved the conduct of an appeal to enable the creation of a fund for the encouragement and promotion of excellence in education, study, teaching and research in the departments of the faculty of Engineering ('the faculty') to mark the centenary of tlie establishment ofthe degree of bachelor in engineering.

B. Council approved for the purpose the establishment of a foundation to be named the 'Melbourne University Engineering Foundation' ('the Foundation').

C. At 5 August 2004 the capital of The Melbourne University Engineering Foundation was $2,470,992.39 and the accumulated income was$212,278.67. .

It isprovide d as follows-

1. The sum of $2,470,992.39 and any accumulations or additions to the fond is to form a fond called 'The Melbourne University Engineering Foundation' and the fond must be paid into an investment pool and remain there until Council directs otherwise..

2. The capital and income of the fond is to be applied by Council on the recommendation of the board, established inth e succeeding section, to facilitating and promoting teaching and research work in engineering in the faculty of Engineering ('the faculty') which may include the purchase of equipment and facilities and the support of further fund-raising activities.

3. (1) There is aboard of Management ('the board') comprising the following members- (i) the vice-chancellor or nominee; (ii) the dean; (iii) the deputy dean; (iv) not more than six members appointed by the dean, not less than two of whommus t be alumni ofthe University; (v) not more than three members ofthe academic staff of the faculty who may be appointed by the dean; and (vi) not more than four members who may be co-opted by the board.

(2) Members appointed under section 3 (l)(iv) and (v) will be members for a term of three years and are to be eligible for reappointment.

(3) The chairperson and deputy chairperson are to be elected by the board and will hold office for a term of three years and may be re-elected provided that the chairperson and deputy chairperson are not eligible to hold the respective office for more than three consecutive terms.

4. The board must submit an annual report to the faculty and Council on the activities of the foundation together with audited financial accounts.

5. Both the income and capital of the fund is to be expended by Council on the recommendation of the board.

[s. 7 (d)del. ,ss . (e) and (0 renumbered (d) and (e) 2/9/96, From the Schedule, ss. 7(d)am. , (e) substituted, 11am . ss. 12 to 31 renumbered 13t o 32 and new s.l 2 made 3/7/00, Title, Recitals Aan d Bam. , Recital C and ss. 1-5 subst.', Schedule revoked 8/11/04.]

8/11/04 R7.129 - THE WILLIAM STONE TRUST

Recitals-

A. William Stone, late of Kew, who died on 25 January 1949, bequeathed the whole of his residuary estate to the University, subject to the following trusts-

"1. The said corpus shall be retained in perpetuity by the said University as a Trust Fund and invested upon such securities as are from time to time permitted by the Statute Law of Victoria for the investment ofTrus t Funds.

2. The income to arise from the investment ofthe Trust Fund shall be applied in the discretion of the Council of the said University after consideration of the advice of the Faculty of Science of the said University in or towards furtherance of some course of Scientific Research carried on at the said University."

B. The University received cash and investments amounting in value to $3,441 in satisfaction ofthe bequest.

C. Marjorie Bronwen Murray, the daughter of William Stone, who died on 25 January 1975, by her will directed that her property 1 Selbourne Road, Kew, be sold and the proceeds of sale less expenses be paid to the University to be retained in perpetuity by the University and invested in any ofthe following investments-

"(a) securities authorised by the laws of the Commonwealth of Australia or any of its States or Territories for the investment of trust funds;

(b) fixed or temporary deposit at interest or otherwise with any Bank or Company including deposit with The Trustees Executors and Agency Company Limited;

(c) debentures folly or partly paid shares stock units notes or any other interest in the share or loan capital of any Company having a share register in Australia;"

and that the income to arise from such investments be applied at the discretion of the Council having regard to the bequest to the University by the father of the testatrix and after consideration of the advice of the faculty of Science in or towards the furtherance of some course of scientific research carried on at the University other than for vivisection or if such course should not be available at any time then as the Council should decide.

D. The University has received sums totalling $91,679 in satisfaction of that bequest.

E. By a Trust Deed made on 3 September 1946, between William Stone ofthe first part, four of his children of the second part, Marjorie Bronwen Murray of the third part and the Public Trustee of the fourth part it was agreed, among other things, that in certain events which have occurred the Fund the subject ofthe Deed should be paid to the University subject to the following trusts-

"(a) The corpus ofthe Trust Fund shall be retained,i n perpetuity by the University as a Trust Fund to be known as "The William Stone Trust" and invested upon such securities as are from time to time authorised by the Statute Law of Victoria or of the Commonwealth of Australia for the investment of Trust Funds but with power to the University to retain any part of theTrus t Fund init s then state of investment for so long as itconsider s advisable.

(b) The income to arise from the Trust Fund shall be applied in the discretion of the Council of the University after consideration of the advice of the Faculty of Science of the University in or towards furtherance of some course of Scientific Research being,o r to be carried on at the University."

F. The University has now received assets amounting in value to $26,996 in accordance with that Trust Deed.

G. The University received $122,11 6 at the time of the donation, which sum increased to $501,243 at 31 December 1994. R7.129 THE WILLIAM STONE TRUST

Iti sprovide d asfollows -

1. The sums of $3,441, $91,679 and $26,996, totalling $122,116, and any accumulations and additions toth e sumsfor m afond calle d"Th eWillia mSton eTrust "("th e fund") andth efun d must bepai d intoa ninvestmen tpoo lan dmus tremai nther eunti lth eCounci ldirect sotherwise .

2. The netannua l income ofth e fund isapplie db yth eCounci lo nth erecommendatio n ofth e faculty ofScienc efo r thepurpose so fscientifi c research(othe rtha nfo rvivisection) . R7.130 - MAURICE CANTLON MEMORIAL FUND

Recitals-

A. Maurice Cantlon, late of South Yarra, in the State of Victoria, lecturer and head of the Art Department at Swinburne Institute of Technology who died on 15 January 1980, bequeathed one-half of his residuary estate for the Department of Ophthalmology ofthe University for research into the eye disease of glaucoma.

B. The University received $95,068 in satisfaction ofthe bequest, which sum increased to $208,660 at 31 December 1994.

It is provided as follows-

1. The sum of $208,660 and any accumulations and additions to the sum forms a fund called the "Maurice Cantlon Memorial Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income ofthe fond is applied for the purposes of research into the eye disease of glaucoma in the department ofOphthalmolog y ofthe University ("the department").

3. The Council may on the recommendation of the head of the department expend apar t or the whole ofthe capital ofthe fond for thepurpos e set out in section 2. R7.131 - WEST GRINSTEAD CANCER RESEARCH FUND

Recitals-

A. The University received donations amounting to $10,000 from the West Grinstead Co. Pty. Ltd., one of a number of proprietary companies comprising the West Grinstead Group of companies which are owned and operated by the family of Haughton James.

B. The donor has promised that further donations will be made annually to the University and has stipulated that a fund, known as the "West Grinstead Cancer Research Fund", be established by the University, in which the sum of $10,000 and any further donations made by any ofthe companies ofthe group or the James family for payment to the fund, must be held, together with any income derived from the fond, and the money so held accumulated until either the fond holds a total of $250,000 or a period of twelve years, expiring on 8 June, 1995, has elapsed since receipt of the first donation.

C. The donor further stipulated that, following the period of accumulation, the fund be applied to "the fight against cancer" and mayb e applied as to both capital and income for the purpose.

D. The sum of $10,000 increased to $100,000 at 31 December 1994.

It is provided as follows-

1. The sum of $100,000 and any accumulations and additions to the sum forms a fond called the "West Grinstead Cancer Research Fund" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income ofthe fond must be added to the fond until the date on which the amount standing to the credit ofthe fund is $250,000 or 8 June, 1995,whicheve r is the earlier.

3. (1) During the period of accumulation as provided by section 2, no payment is to be made from the fond.

(2) On the expiration of the period of accumulation, the fond may be applied by the Council both as to capital and income, on the recommendation of the Medical Research Committee or such other committee as the Council may designate from time to time, for the purpose of research into all aspects of Cancer, including detection, prevention, causes, treatment and cure and in particular, without prejudice to the generality ofthe purpose, for-

(a) the support of innovative projects in basic research with particular reference to projects which might not readily be supported from other sources;

(b) the provision of technology and major items of equipment; and

(c) the dissemination of knowledge gained, by publication and by training persons engaged in thefield. R7.133 - SIR DONALD HIBBERD LECTURESHIP

Recitals-

A. Lady Hibberd, of South Yarra, in the State of Victoria, gave $50,000 to the University to endow a visiting lectureship in the Graduate School of Management to provide a memorial to her late husband Sir Donald James Hibberd Kt., O.B.E., B.Ec, a member ofthe Council from 1967 and Chairman of the Finance Committee of Council until his death in 1982, and who contributed greatly to the development of thealuminiu m and mining industries in Australia.

B. Comalco Limited gave $35,000 to the University for a similar purpose.

C. The University allotted $35,000 to assist the establishment of the lectureship.

D. The Graduate School of Management isno w known as the Melbourne Business School.

E. The capital was $127,099 at 31 December 1994.

Iti s provided as follows-

1. The sum of $127,099 and any accumulations and additions to the sum forms the endowment of a lectureship called the "Sir Donald Hibberd Lectureship" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. Subject to section 4, the net income ofthe fond is used to provide for the appointment of a person distinguished in a discipline relevant to business administration as a visiting lecturer in the Melbourne Business School on the following conditions-

(1) The visiting lecturer ("the Sir Donald Hibberd Lecturer") is appointed by the Council upon the recommendation of the Board of Management of the Melbourne Business School ("the Board of Management").'

(2) The visiting lecturer may be appointed in each year by the Council on the recommendation ofthe Board of Management and may be either-

(a) a person who is resident in Australia; or

(b) a person who is resident in a country outside Australia, provided that the appointment of a person under (b) hereof shall not be made more frequently than every second year.

3. (1) The duration ofthe Sir Donald Hibberd Lectureship and the conditions of appointment of the lecturer are those determined by the Council from time to time on the recommendation of the Board of Management;

(2) The value of the lectureship which must be determined by the Council from time to time on the recommendation of the Board of Management must be expended on the salary and, where appropriate, the travelling expenses ofthe visiting lecturer.

4. (1) Any surplus or unexpended income ofthe fond, must, by the direction ofthe Council on the recommendation ofthe Board of Management, either-

(a) be added to thefond; o r

(b) appropriated to a separate fund which must be invested in the same manner as provided for the investment ofthe fond.

(2) In any particular year the separate fund may be used, both as to income and as to capital, to supplement the amount which may be made available in accordance with the provisions of section 3.

(3) If in any year there is, in the opinion of the Board of Management, no suitable lecturer available for appointment the net income inth eyea r concerned must be invested according toth eprovision so fsub-sectio n4(1) .

5. If, in the opinion of theCounci l on therecommendatio n of theBoar d of Management, it is atan y time impossible or impracticable toappl yth efun d andth eseparat efun d for thepurpose s setou ti n sections 3an d4 the n thefun d andth eseparat e fund maya tth edirectio n ofth eCounci lb eapplie d towardsteachin gmanagemen ta tgraduat elevel .

6. The name of Sir Donald Hibberd must be associated with any application of the fund and the separate fund under section 5 and the Council must ensure that his memory is perpetuated in an appropriate manner.

HEADING NUMBERLECTURESHIP R7.134 -THE MADELEINE SELWYN-SMITH MEMORIAL FUND Recitals- A. Madeleine Ethel Selwyn-Smith lateof'Khala ' 13Com o Avenue, South Yarra, inth e Stateo f Victoria, who died on 11November , 1964,b y her Will dated 2 December, 1960 appointed The Union Trustee Company of Australia Limited and Ross Grey Smith to be executors and trustees of herestate . B. By her Will the testatrix bequeathed tohe rtrustee s 'the sum of Fivethousan d pounds' and expressed the desire that they apply the sum 'at their absolute discretion to establish one ormor e ofthe following objects namely aMemoria l fund, bursary, scholarship or prize for students engaged in arboricultural research orgenerall y to further the planting maintenance or preservation oftrees. ' ('bequest'). C. The income from the bequest has been applied byth e trustees from time totim e onth e recommendation ofthe University towards the provision of bursaries to graduate students,th e funding of expenses for postgraduate research into arboriculture and the furtherance ofthe planting, maintenance or preservation of trees, and the purchase of appropriate booksan d equipment for the Agriculture, Forestry and Horticulture branch library. D. Thetrustee s have determined to apply the amount ofthe bequest and any accumulated incomet o the establishment in the University ofa memoria l fund to beknow n asth e 'Madeleine Selwyn- Smith Memorial Fund' and the University hasagree d to establish thefond. E. The University received $14,676from th e trustees consisting of $10,169 as capital and $4,507 asincome . F. The faculty of Land and Food Resources was renamed Melbourne School of Land and Environment ('MSLE') in2008 . It isprovide d as follows- 1. Thesu m of $14,676 and any accumulations and additions to the sum forms a fund called the 'Madeline Selwyn-Smith Memorial Fund' ('fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise. 2. Thene t income ofthe fond is applied for thetim ebein g toth e provision ofa n award called the 'Madeleine Selwyn-Smith Memorial Award'('award'). 3.(1) Council hereby authorises the dean ofMSL E ('dean') to make each award on behalf ofth e University to agraduat e student engaged inth econduc t of research relating to arboriculture. (2) Theawar d may take the form of a scholarship orpriz e and iso f such amount asth e dean oneac h occasion ofthe award determines. 4. Ifth e dean determines,,tha t the provision of anawar d isn o longer practicable,th efond ma yb e applied as to both capital and income for the conduct of research intoth e planting, maintenance and preservation oftree s for conservation purposes.

[Edit. am. 18/9/98, Title,ss . 1,3 (1) ,3(2 )an d 4am .7/3/05 ;a m 27.4.09]

7/3/05 R7.135 - MELBOURNE UNIVERSITY LAW SCHOOL FOUNDATION

Rccitals-

A. The Council of The University approved the conduct of an appeal to enable the creation of a fund for the encouragement and promotion of excellence in education, study, teaching and research in the faculty of Law("th e faculty").

B. The Council approved for the purpose the establishment of a foundation to be named "The Melbourne University Law School Foundation" ("the Foundation").

C. It is desirable to provide by regulation for the establishment and future regulation of the Foundation.

It isprovide d as follows-

1. There is a Foundation within The University of Melbourne named the "Melbourne University Law School Foundation".

2. The objects of the Foundation are to assist the Council in matters associated with the encouragement and promotion of excellence in education, study, teaching and research in the faculty and, without restricting the generality ofthe foregoing, inparticula r to-

(a) promote the development of excellence in selected areas of the faculty of Law and the enhancement of itsphysica l environment for that purpose;

(b) foster the development of close relationships between persons engaged in the legal profession and the faculty, including the members of staff and students of its departments;

(c) assist in bringing to the University as visiting fellows or visiting lecturers in the faculty, persons of outstanding achievement in law and allied disciplines;

(d) sponsor and organise lectures, seminars and meetings for the furtherance ofthe objects;

(e) assist in or arrange the printing of publications and the issue thereof to members of the Foundation and others for the furtherance ofthe objects;

(f) recommend to the Council the application of funds received or raised through the activities of the Board and members of the Foundation to the promotion of teaching and research in law and allied disciplines in the faculty and without restricting the generality of the foregoing in particular by-

(i) the initiation and support of special projects which could not otherwise be funded;

(ii) the development of new research activities;

(iii) the funding of visiting fellowship and visiting lectureship appointments in particular fields;

(iv) the funding of research fellowship appointments in particular fields;

(v) the development of programmes of continuing education, special courses, seminars and symposia in fields of interest to the faculty and the legal profession;

(vi) the purchase of equipment and materials;

(g) admit to membership of the Foundation, persons, firms, companies and associations, whether incorporated or unincorporated, and upon such conditions and with such privileges as mayb e determined from time to time;

(h) solicit donations, gifts and bequests to the University for thepurpose s of the faculty;

14/12/98 MELBOURNE UNIVERSITY LAW SCHOOL FOUNDATION R7.135

(i) with the concurrence of the Council enter into arrangements on behalf of the University with any institution or association having objects similar to those ofthe Foundation;

(j) do all such things as are incidental or conducive to the attainment of the above objects or anyo f them.

3. There is a Board of Management ofthe Foundation"("th e Board") constituted as provided from time to time in accordance with the constitution ofthe Foundation set out in the schedule hereto as amended from time to time with the approval ofthe Council.

4. (1) Any money received for the purposes of the Foundation forms a fund known as the "Melbourne University Law School Foundation Fund" ("the fund") are invested as the Council from time to time directs.

(2) The Council must from time to time consult the Board concerning the investment of the Fund.

5. The net income of the fond is applied by the Council to the promotion of such of the objects of the Foundation as the Council on the recommendation of the Board with the advice of the faculty from time to time thinks fit or mustb e added toth e fond.

The Schedule

CONSTITUTION OF THE MELBOURNE UNIVERSITY LAW SCHOOL FOUNDATION WITHIN THE UNIVERSITY OF MELBOURNE

NAMEAN D COMPOSITION:

1. There is a Foundation within the University of Melbourne named the "Melbourne University Law School Foundation".

2. The Foundation consists of a Board of Management as hereinafter constituted and such members as mayb e admitted.

PRELIMINARY:

3. The following words and expressions shall have the following meanings:-

"the Board" means the Board ofManagemen t ofthe Foundation; "the Council" means the Council ofthe University; "the Faculty" means the Faculty of Lawofth e University; "the Foundation" means the Melbourne University Law School Foundation; "theUniversity " means The University of Melbourne

Except where the contrary intention appears-

Words importing the singular number include the plural number and vice-versa. Words importing persons include companies and corporations.

OBJECTS:

4. The objects of the Foundation shall be to assist the Council in matters associated with the encouragement and promotion of excellence in education, study, teaching and research in the faculty and, without restricting the generality ofthe foregoing, inparticula r to -

(a) promote the development of excellence in selected areas of die faculty of Law and the enhancement of itsphysica l environment for that purpose;

(b) foster the development of close relationships between persons engaged in the legal profession and the faculty, including the members of staff and students of its departments;

14/12/98 R7.135 MELBOURNE UNIVERSITY LAW SCHOOL FOUNDATION

(c) assist in bringing to the University as visiting fellows or visiting lecturers in tlie faculty, persons ofoutstandin g achievement in law and allied disciplines;

(d) sponsor and organize lectures, seminars and meetings for the furtherance of the objects;

(e) assist in or arrange the printing of publications and the issue thereof to members of the Foundation and others for the furtherance of the objects;

(f) recommend to the Council the application of funds received or raised through the activities of the Board and members of the Foundation to the promotion of teaching and research in law and allied disciplines in the faculty and without restricting the generality of the foregoing in particular by-

(i) the initiation and support of special projects which could not otherwise be funded,

(ii) the development of new research activities,

(iii) the funding of visiting fellowship and visiting lectureship appointments in particular fields,

(iv) the funding of research fellowship appointments inparticula r fields,

(v) the development of programmes of continuing education, special courses, seminars and symposia in fields of interest to the faculty andthe legal profession,

(vi) he purchase of equipment and materials;

(g) admit to membership of the Foundation, persons, firms, companies and associations, whether incorporated or unincorporated, and upon such conditions and with such privileges asma y be determined from time to time;

(h) solicit donations, gifts and bequests to the University for the purposes of he faculty;

(i) with the concurrence of the Council enter into arrangements on behalf of the University with any institution or association having objects similar to those ofthe Foundation;

(j) do all such things as are incidental or conducive to the attainment of the above objects or anyo f them.

MONEYSRECEIVE D FOR THEFOUNDATION :

5. All moneys received for the Foundation or raised as a result of the activities of the Board and members for the Foundation, must be paid directly to the University and must, subject to any necessary deduction for administration and outgoings of a like nature, be expended as the Council on the recommendation ofthe Board with the advice ofthe Faculty thinks fit for the promotion of the objects ofthe Foundation in the Faculty of Law and no portion of such moneys is to be applied to any other accumulations investment forms the fond of the University known as the Melbourne University Law School Foundation Fund and mayb e invested by the University either separately or in common with the other funds of the University as the University thinks fit. The Council must from time to time consult the Board concerning the investment ofthe Fund.

BOARD:

6. Subject to the direction of the Council, the entire control, management and conduct of the business and affairs of the Foundation is vested in the Board. The first Board consists of the ex-officio members to enable the admission of members ofthe Foundation.

7. Unless otherwise determined by the Foundation in general meeting and approved by the Council, the Board consists of-

14/12/98 MELBOURNE UNIVERSITY LAW SCHOOL FOUNDATION R7.13S

(i)Ex-cffici o Members

The Chancellor, the Deputy Chancellors, the Vice-Chancellor, one of the Deputy Vice- Chancellors, nominated by the Vice-Chancellor, and the Vice-Principal of the University, the Dean and the Deputy Dean ofthe Faculty;

(ii)Electe d Members

not more than ten (10) persons who are members of the Foundation or representatives of members elected by members at the first general meeting and thereafter elected or re-elected asprovide d by Clause 11;

(iii) Co-opted Member

"onemembe r of the academic staff of the Faculty nominated by the Faculty who shall act as liaison officer between the Board and the Faculty.

8. Casual vacancies among the elected members of the Board must be filled by co-option by the Board.

9. Persons appointed in accordance with this constitution as representatives of members which are companies, corporations, firms and associations, must be eligible for election or appointment to the Board.

10. At the first meeting of the Board following the first general meeting, the Board must elect from among its members a Chairperson and Deputy Chairperson of the Board who hold office for three years but are eligible for re-election. Casual vacancies in either office may be filled by the Board fromamon g itsmembers .

11. At each annual general meeting after the first one-third of the elected members (or if their number is not a multiple of three then the number nearest to but not exceeding one-third) must retire from office and must be eligible for re-election. The elected members to retire in each year must be those longest in office since last being elected but as between members who were elected at the same time those toretir e must (indefaul t of agreement between them) be determined by lot.

PROCEEDINGS OF THEBOARD :

12. The Board may meet for the despatch of business, adjourn and otherwise regulate its meetings as the members of the Board see fit. Until the Board shall otherwise determines four members are a quorum. In the absence ofthe Chairperson andth e Deputy Chairperson members present shall elect a chairperson for that meeting.

13. Questions arising at any meeting are determined by a majority of votes and, in the case of an equality of votes, the Chairperson ofthe meeting shall have a second or casting vote.

14. The Board must cause minutes to be kept of allproceeding s ofgenera l meetings and of meetings of the Board and must cause such minutes tob e signed by the Chairperson of that or the next meeting.

15. The Board may recommend to the Council the appointment, with or without remuneration, of an officer to act as secretary to the Board and such other officers as may be required for the administration ofthe Foundation.

16. The Board may appoint committees consisting of one or more persons (who may or may not be members ofthe Foundation) whose duty must be to report.to the Board on any matters referred to them.

MEMBERSHIP OF THEFOUNDATION :

17. Such persons, firms, companies, corporations and associations as may be admitted to membership by the Board are members of the Foundation and the Board may determine from time to time the categories of membership and the qualifications for and conditions and privileges of membership applying thereto.

14/12/98 R7.135 MELBOURNE UNIVERSITY LAW SCHOOL FOUNDATION

18. Any member of the Foundation may withdraw from the Foundation by giving notice in writing to the Board.

GENERAL MEETINGS:

19. An annual general meeting of the Foundation must be held once in each year and the Board may at any time convene a special general meeting and must convene such a meeting on a requisition in writing of at least five members.

20. Notice of every general meeting shall be given to every member of the Foundation at least ten business days prior to the date thereof.

21. Every member of tlie Foundation shall be entitled to attend any general meeting.

22. The Chairperson of the Board or in his or her absence the Deputy Chairperson or in the absence of both, achairperso n elected by the members present presides at a general meeting.

23. No business shall be transacted at any general meeting unless at least five members eligible to vote are present personally or by representative or by proxy.

24. At any general meeting a resolution put to the vote of the meeting must be decided by a show of hands unless a request for a ballot is made by not less than three members present personally or by representative or byprox y at the meeting. Each member has one vote.

25. A member which is a company, corporation, firm or association may from time to time by writing appoint a representative to attend meetings and vote on its behalf. A member who is a person may appoint a proxy (who is a member or the representative of a member) to vote on his or her behalf. Proxies are to be in the following form -

"I, the undersigned, being amembe r ofthe Melbourne University Law School Foundation hereby appoint and failing him as my proxy to vote for me and on mybehal f at the General Meeting of the Foundation to be held on the day of 19 and at any adjournment thereof.

Dated this day of 19 Signed by ) in the presence of: ).".

26. The Chairperson may of his own motion, if no quorum is present, but with the consent of the meeting, if a quorum be present, adjourn the meeting to a date to be fixed by him or her but no business is to be transacted at any adjourned meeting other than business left unfinished at the meeting which was adjourned.

STANDING ORDERS:

27. Subject to this constitution, members of the Foundation in general meeting may make standing orders for the conduct ofthe business and the procedure ofgenera l meetings

AMENDMENTS TO CONSTITUTION:

28. This constitution may be added to, amended or repealed by resolution passed at a general meeting of which due notice has been given by a majority of at least two- thirds ofthe members present at the meeting in person or by proxy or representative and voting thereon, subject to the approval of the Council.

NOTICE TO MEMBERS:

29. Notices to members deemed duly served if delivered or sent through the post inpre-pai d envelopes or wrappers addressed to them respectively at their last known places of address. Any notice sent by post is deemed to have been served on the day on which in the ordinary course of post it would reach the addressee.

14/12/98 MELBOURNE UNIVERSITY LAWSCHOO L FOUNDATION R7.135

ANNUALREPORT : 30. The Board must submit toth eCounci l and to each member of theFoundatio n anannua l report of theactivitie sundertake ni nfurtheranc e ofthe objects ofthe Foundation.

[Scheduleincl . 26/9/97, Edit. am.14/12/98. ]

14/12/98 R7.136 - THE MARY SLOANE TRAVELLING SCHOLARSHIP

Recitals-

A. Mary Sloane, late of Windsor, in the State of Victoria, widow, who died on 24 August 1949, bequeathed her residuary estate to her trustee, The Union-Fidelity Trustee Company of Australia Limited ('the trustee') to pay the income therefrom to her sister Inez Flora Mclntyre during her lifetime and after her death as to both capital and income for The University of Melbourne 'for the purpose of creating a scholarship in Agricultural Science in such terms as the Council of the University shall decide but if there is not sufficient money for a scholarship I direct that the same shall be used for the purpose of prizes in that branch of study.'

B. Inez Flora Mclntyre is now deceased and the trustee requested the University administer the estate of the testatrix in accordance with the directions set out in her will.

C. The University received $8,355 in satisfaction of the bequest, which sum increased to $15,21 6 at 31 December 1994.

It is provided as follows-

1. The sum of $15,216 and any accumulations and additions to the sum forms a fund called 'The Mary Sloane Travelling Scholarship fond' ('the fond') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. (1) The net income of the fond is applied annually by Council on the recommendation of the faculty of Land and Food Resources ('the faculty') to the award of a scholarship to enable a student currently undertaking postgraduate studies in Agricultural Science to visit research institutions for purposes which Council, on the recommendation of the faculty, from time to time determines.

(2) A scholarship may be awarded to more than one student in any one year and the value of individual awards may be varied by Council on the recommendation of the faculty in any year.

(3) If the net income available for application in any year is in the opinion of the faculty insufficient to effect the purposes referred to in section 2(1) then Council may, on the recommendation of the faculty, apply the net income in that year to the award of a prize or prizes to one or more students who demonstrate excellence in any subject in the Final Year ofthe degree ofbachelo r of Agricultural Science.

3. Any scholarship which is not taken up within twelve months ofthe award being made by Council lapses and the amount ofthe scholarship reverts to the fond.

4. Any unexpended income in any year must be added to the fond but remains available to be used as income inan y subsequent year as Council, on the recommendation ofthe faculty, thinks fit.

5. Council may, on the recommendation ofthe faculty, expend a part or the whole ofthe capital ofthe fund for the purposes referred to insectio n 2.

[Edit.am . 18/9/98,ss . 1,2(l)-2(3 )an d 3-5am .7/3/05. ]

7/3/05 R7.137 -JOA N ALICE DUNCAN BEQUEST

Recitals-

A. Joan Alice Duncan, late of East Melbourne, in the State of Victoria, who died on 22 February 1984, bequeathed to the University the whole of her residuary estate "for use in the faculty of Medicine for research purposes".

B. The University received cash and investments amounting invalu e to $244,905 in satisfaction ofthe bequest, which sum increased to $350,288 at 31 December 1994.

C. The faculty of Medicine is now known as the faculty of Medicine, Dentistry and Health Sciences.

It isprovide d as follows-

1. The cash and investments totalling $350,288 and any accumulations and additions to them form a fund called the "Joan Alice Duncan Bequest" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) The income of the fond is applied to research in the faculty of Medicine, Dentistry and Health Sciences ("the faculty") on the recommendation of the Medical Research Committee ("the committee").

(2) The Council may on the recommendation of the committee and the faculty direct that the capital ofthe fund be resorted to for the purpose set out in (1). R7.138 -TH E ROMA BOTTOMLEY FUND

Recitals-

A. $30,000 was donated to the University by Mrs. Roma Bottomley of 141/99 Spring Street, Melbourne, for the purposes of providing a fond from which financial aid may be given to students who, in the opinion of the Financial Aid Officer to the University demonstrate a need for such financial aid.

It is provided as follows-

1. The sum of $30,000 and any accumulations and additions to the sum forms a fond called "The Roma Bottomley Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income of the fond and, when necessary, the capital of the fond, is applied by the University for student welfare purposes and to make grants to students in financial need on the recommendation of the Student Financial Aid Officer ("the officer") for the time being or some person or persons nominated for the purpose by the Student Loan Fund and Bursaries Committee.

3. Applications for grants must be made in the manner prescribed by the Student Loan Fund and Bursaries Committee on the recommendation ofthe officer.

4. Any student who has received a grant from the fond is not thereby disqualified from receiving further assistance from the fond. R7.139 - FOENANDER INDUSTRIAL RELATIONS FUND

Recitals-

A. The University received donations totalling $13,000 to establish the "Foenander Industrial Relations Fund" in commemoration of Dr Orwell de Ruyter Foenander formerly Associate Professor of Industrial Relations and head of the department of Industrial Relations in the" University who died on 22 February 1985.

B. The donors expressed the wish that, for as long as it is, in the opinion of the Council, practicable to do so, the income and, where necessary, part of the capital of the fond, is to be applied to the presentation of an annual lecture by aperso n distinguished in the field of Industrial Relations.

It isprovide d as follows-

1. The sum of $13,000 and any accumulations and additions to the sum forms a fund called the "Foenander Industrial Relations Fund" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income of the fond is applied by the Council on the recommendation of the faculty of Economics and Commerce ("the faculty") to assist in defraying the travelling and other expenses involved in presenting and publicising an annual lecture by a person distinguished in the field of Industrial Relations, and the person is appointed by the Council on the recommendation of the faculty.

3. If, in the opinion ofthe Council it is at any time impracticable to appoint a lecturer or the fund is insufficient to support such an appointment, the Council may direct that the fund be applied for the purposes of research in the field of Industrial Relations in such manner as the Council on the recommendation ofthe faculty from time to time determines.

4. The Council may from time to time direct that the capital of the fund be resorted to to provide for any ofthe purposes specified in sections 2 or3 . R7.140 - JOHN ALEXANDER PIETZCKER BEQUEST

Recitals-

A. John Alexander Pietzcker, late of Research, in the State of Victoria, who died on 18 December 1958, bequeathed $40,000 to the University, the income from "which is to be used and applied in perpetuity in or towards the furtherance and encouragement ofthe study of Mental Hygiene".

B. The University received $40,000 in satisfaction ofthe bequest, which sum increased to $53,793 at 31 December 1994.

It is provided as follows-

1. The sum of $40,000 and any accumulations and additions to the sum forms a fond called the "John Alexander Pietzcker Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income of the fond is applied to research in the faculty of Medicine, Dentistry and Health Sciences on the recommendation of the Medical Research Committee. R7.141 - GEOFFREY GARLICK MEMORIAL FUND

Recitals-

A. Mabel Millicent Bottoms late of Mornington in the State of Victoria, who died on 27 May 1985, bequeathed to the University the whole of her residuary estate "to establish a fund to be known as "Geoffrey Garlick Memorial Fund" in memory of my late nephew the income of which shall be applied to the acquisition of material and equipment for the library ofthe University".

B. Violet Lilian Garlick late of Mornington in tlie State of Victoria, who died on 6 February 1987, bequeathed to the University the whole of her residuary estate to establish a fund with the identical name and purpose asse t out inRecita l A hereof "in memory of my late son".

C. The University received $62,234 in satisfaction of the first bequest.

D. The University received $9,182 in satisfaction ofthe second bequest.

E. The capital increased to $104,597 at 31 December 1994.

It is provided as follows-

1. The sum of $104,597 and any accumulations and additions to the sum forms a fond called the "Geoffrey Garlick Memorial Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fond is applied by the Council on the recommendation ofthe Library Committee to the acquisition of material and equipment for the University Library and particularly to its East Asian collection. R7.142 - PHILIP BLADIN MEMORIAL FUND

Recitals-

A. The University received donations of $100,000 from family, friends and colleagues ofthe late Dr Philip Bladin to establish a fund to be known as the "Philip Bladin Memorial Fund".

B. The donors stipulated that the income from the fond and, where necessary, the capital of the fund, be applied to the promotion of scholars and to research in the department of Surgery at the Austin Hospital. The donors further stipulated that ifa t any time itbecome s impossible or impracticable to apply the fond to the specified purposes at the Austin Hospital then the fund may be applied to research for the advancement of surgery in the faculty of Medicine within the University.

C. The faculty of Medicine is now known as the faculty of Medicine, Dentistry and Health Sciences.

D. The capital was $260,468 at 31 December 1994.

It isprovide d as follows-

1. The sum of $260,468 and any accumulations and additions to the sum forms the endowment of a fond called the "Philip Bladin Memorial Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) The income from the fond is applied by the Council on the recommendation ofthe Medical Research Committee ("the committee"), of the faculty of Medicine, Dentistry and Health Sciences ("the faculty"), to the promotion of scholars and to research in the department of Surgery at the Austin Hospital.

(2) The Council may, on the recommendation of the committee, direct that, where necessary, the capital ofthe fond be resorted to for the purposes set out in subsection (1).

3. If, in the opinion of the Council on the recommendation of the committee, it is at any time impossible or impracticable to apply the fond at the Austin Hospital for thepurpose s set out in sub­ section 2(1) or the Hospital is no longer affiliated with the University, then the fund may, at the discretion of the Council, be applied towards research for the advancement of Surgery in the faculty. R7.143 - HAZEL JEAN EASTHAM BEQUEST

Recitals-

A. Hazel Jean Eastham, late of Lalor, in the State of Victoria, who died on 23 August 1985, bequeathed to the department of Ophthalmology of the University the whole of her residuary estate "to be used for the general purposes of research into treatment of cataracts ofthe eyes".

B. The University received cash and investments totalling $140,451 in satisfaction ofthe bequest.

It isprovide d as follows-

1. The cash and investments totalling $140,451 and any accumulations and additions to them form a fond called the "Hazel Jean Eastham Bequest" ("the fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2: (1) The net income ofthe fond is applied for the purposes of research into the eye disease of cataract in the department of Ophthalmology ofthe University ("the department").

(2) The Council may on the recommendation of the head of the department direct that the capital ofthe fund be resorted to for the purpose set out in(1) . R7.144 - THE ERNST AND GRACE MATTHAEI BEQUEST

Recitals-

A. Grace Moran Matthaei, late of 146 Gatehouse Street, Parkville in the State of Victoria, who died on 28 September 1982, bequeathed to the University the whole of her residuary estate 'absolutely with foil power to the council of the said University to expend both capital and income as it deems fit and to authorize its investment when required in any form of investment whatsoever whether an authorized trustee investment or not, AND IT IS MY WISH but without imposing any trust or binding legal obligations, that my residuary estate so bequeathed shall be applied by the council of the said University if it considers practical or possible to do so, and bearing in mind that this was my husband's wish and is mine, to assist personally graduates of the said University to pursue senior postgraduate studies or research in the optical field or on problems logically allied with optics and in particular in study or research in Genetics, Botany, Zoology, Geology, Microbiology or Biochemistry and that such fond be called the Ernst and Grace Matthaei Bequest, and it is my sincere wish that without imposing any binding obligation on the University, the fond from the bequest be used to assist students and not to augment the general funds or equipment of any University department in which such students may be working'.

B. At 7 June 2005 the capital of the Ernst and Grace Matthaei Bequest fond was $1,604,459.96 and the accumulated income was $103,161.28..

It is provided as follows-

1. The sum of $378,507 and any accumulations and additions to the sum forms a fond called 'The Ernst and Grace Matthaei Bequest' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond is to be used to provide one or more scholarships each to be called 'The Ernst and Grace Matthaei Scholarship' ('the scholarship').

3. The scholarships are to be open for award annually to graduates ofthe University who are enrolled in a course for a higher degree and who are undertaking research in, or inconnectio n with, the field of optics in the departments of Genetics, Botany, Zoology, Geology, Microbiology or Biochemistry or insuc h other department as Council may approve.

4. The term of a scholarship is to be determined by Council on the recommendation of the Postgraduate Scholarships Committee ('the committee') but must not exceed the prescribed period ofthe course for which the recipient is enrolled.

5. The value of each scholarship is to be determined by Council on the recommendation of the committee.

6. Any unexpended income must be retained as income and be available for the award of the scholarships in any subsequent year.

7. At the end of a scholarship term, each recipient must provide to the committee a report setting out the research performed while receiving a scholarship.

8. Council on the recommendation of the committee may direct that the capital of the fund be resorted to for the purpose described in section 3.

[Edit.am .22/7/96 ,Titl eam. ,Recita l B subst, ss.2- 8subst. , s.9revoke d 5/9/05.]

12/12/05 R7.145 -TH E SIR BERNARD HEINZE MEMORIAL AWARD

Recitals-

A. An appeal was launched in 1985 by the Melbourne Symphony Orchestra Subscribers' Society in conjunction with the faculty of Music to endow an award to honour the contribution to music in Australia and overseas made by the late Sir Bernard Heinze, for thirty-one years the.Ormond Professor of Music in the University.

B. The donors intend that an award be made annually to a person who has made an outstanding contribution to music in Australia. The recipient of the award will receive a medallion and may also receive a monetary prize.

C. The University received the sum of $36,000 from tlie appeal.

D. The sum of $36,000 increased to $36,551 at 31 December 1994.

It isprovide d as follows-

1. The sum of $36,55lan d any accumulations and additions to the sum forms a fond called "The Sir Bernard Heinze Memorial Award" ("the fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The award is to be made annually to a person who has made an outstanding contribution to music in Australia.

3. The recipient ofthe award receives a medallion and may also receive a monetary prize.

4. The net annual income of the fond is applied to the cost of the medallion and to other expenses reasonably associated with the making of the award, including expenses reasonably incurred in detenruning, in some years, that no award is to be made.

5. From the unexpended balance ofthe net annual income a prize may be determined by the Council from time to time on the recommendation of a committee known as the "Sir Bernard Heinze Memorial Committee" ("the committee") Award.

6. Each award is made by the Council on the recommendation of a committee known as "The Sir Bernard Heinze Memorial Award Committee" ("the committee") the membership of which is to be determined from time to timeb y the Council on the recommendation ofthe faculty of Music.

7. Where in any year no person is considered worthy ofthe award by the committee no award is to be made in that year and the balance of the income for that year must be added to the capital of the fond or, if the Council so directs, to the amount available for the making of the award in any subsequent year.

7. No person is to receive the award more than once.

8. The committee must in its absolute discretion determine which expenses referred to in section 4 are tob e paid from thefond.

9. The Council may on the recommendation of the committee direct that the capital of the fond be resorted to for the purposes of this regulation. R7.146 -TH E HENRY DRYSDALE TRUST

Recitals-

A. Henry Drysdale, late of Leroy in Victoria who died on 4 June 1969 bequeathed his residuary estate to 'be used for die advancement of education in the University of Melbourne as in the absolute discretion of myTrustee s they deem advisable.'

B. The trustees of the estate appointed by the Will of Henry Drysdale are his Widow Eileen Ybur Drysdale, bis Daughter Mary Stuart Drysdale, and the senior vice-principal for the time being of the University. The Will further provided that 'upon the death of the survivor of mysai d Wife and Daughter I DIRECT that the vice-principal (administration) aforesaid shall have foil power to appoint from time to time a further Trustee or Trustees to act in conjunction with him so that there shall not be less than two trustees administering the trusts hereinafter set up.'

C. By an Order of the Supreme Court of Victoria dated 21 November 1973 certain provisions were ordered tob e made out ofthe estate ofthe testator.

D. The sum of $9,785 increased to $36,000 at 31 December 1994.

It is provided as follows-

1. The sum of $36,000 and any accumulations and additions to the sum forms a fond called 'The Henry Drysdale Trust' ('the fond') and the fond must be paid into an investment pool and remain there until the trustees otherwise direct the Council.

2. The income of the fond is applied by the trustees for the advancement of education in the University in such manner as the trustees from time to time determine and recommend to the Council.

3. Income not expended in any year may be used in a subsequent year or years as the trustees determine and recommend to the Council.

[Edit. am. 10/1/97, am. 3/5/99, effective 1/7/99, Recital B am. 3/3/03.]

13/3/03 R7.147 -THOROL D HARPER BEQUEST

Recitals-

A. Thorold Harper late of Liss in Hampshire England who died on 29 June 1976 domiciled in the State of Victoria, by his will and the first codicil thereto, bequeathed to the University a 2/20th share of the residue of his estate situated in the United Kingdom and in Australia subject to a prior life interest to his widow.

B. Pursuant to a Deed of Family Arrangement the widow released her life interest in the residuary estate held in Australia to permit its distribution amongst the residuary beneficiaries.

C. The testator, who spent some time at the University during the lifetime of his first wife, Isabella Winifred Harper, expressed "the hope that the Conservatorium of Music shall be included in the perpetuation of the "joint memory" of himself and Isabella Winifred Harper.

D. The purposes for which the Conservatorium was established are now carried out by the faculty of Music and the name "University Conservatorium of Music" has been discontinued.

E. The University received $19,768 in 1979 in partial satisfaction of the bequest and received the further amount of $24,033 in 1986, making a total sum of $43,801, which sum has increased to $81,286 at 30 June 1993.

It isprovide d as follows-

1. The sum of $81,286 and any accumulations and or additions to the sum forms a fond called the "Thorold Harper Bequest Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. To perpetuate the memory ofThorol d Harper and Isabella Winifred Harper a plaque which records their names and the date of the bequest has been affixed to the building in which the faculty of Music ishouse d from time to time.

3. Except as provided above the capital and income of the fond is to be applied for such purposes of the University as the Council on the recommendation of the Finance Committee may from time to time determine. R7.148 - WALTER WINSTON JOHNSTONE FUND

Recitals-

A. Dr J. W. Johnstone-Need of St. Kilda in the State of Victoria donated $54,000 to the University with the wish (without imposing any legal liability) that a fund, called the 'Walter Winston Johnstone Fund' in memory of his late son, be established for the purpose of the advancement in tlie University of the study of the history of medicine, including the support of a chair or the provision of a lectureship or fellowship in that field.

B. Dr Johnstone-Need directed that, if at any time, in the opinion of the Council, it becomes impractical to carry out or continue his wish, then the Council may apply the income of the fund, and, where necessary, the capital, for such other purposes as are, in its opinion, most closely in accordance with his wish.

C. Before his death on 3 April 1994 Dr Johnstone-Need gave the University a total of $250,000 towards the fund.

D. The university received $54,000 at the time of the donation, which sum increased to $250,000 at 31 December 1994.

It isprovide d as follows-

1. The sum of $250,000 and any accumulations and additions to the sum forms a fond called the 'Walter Winston Johnstone Fund' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income of the fond is applied by the Council on the recommendation of the faculty of Medicine, Dentistry and Health Sciences ('the faculty') to the advancement in the University ofthe study of the History of Medicine including the support of a chair or the provision of a lectureship or fellowship intha t field.

3. If at any time the Council forms the view that it is impractical to carry out or continue the purposes referred to in section 2 of this regulation then the Council may apply the income of the fond, and, where necessary, the capital, for such other purposes as are, in its opinion, most closely in accordance withth e wish ofthe donor.

4. The Council may on the recommendation of the faculty direct that the capital of the fund be resorted to for the purposes referred to in section 2 of this regulation.

[Recital C subst. 3/9/01.]

7/9/01 R7.149 - THE DUDLEY WILLIAM GARDINER MEMORIAL FUND

Recitals-

A. Dudley William Gardiner late of 10Rodne y Street, Rye in the State of Victoria ('the testator') who died on 14 April 1986 by his will dated 20 December 1985 bequeathed to the University the whole of his residuary estate.

B. The testator had consulted and corresponded with members of the then faculty of Music of the University concerning his intention to execute a new will making specific provision for his bequest to assist young Australian pianists.

C. The University received the sum of $79,865 and may receive some further small sums to complete the endowment.

D. The capital ofthe fond at 31 December 1994 was $104,865.

It isprovide d as follows-

1. The sum of $104,865 and any accumulations and additions to the sum, forms a fond called 'The Dudley William Gardiner Memorial Fund' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The fund is administered by the Council on the recommendation ofthe dean ofthe faculty of Music ('the dean').

3. The net annual income ofthe fond must be applied to the promotion of music for the piano and the encouragement of young Australian pianists and, without limiting the generality of the foregoing, mayb e used for all or any ofthe following purposes-

(a) to meet the expenses in whole or in part of arranging concerts, recitals and like activities for the performance of keyboard music by Australian pianists ofthe age of thirty years or less;

(b) to enable grants or other payments to be made to Australian pianists of the age of thirty years or less who are embarking on a concert career; or

(c) to support the study of keyboard performance conducted under the aegis of the faculty of Music ('the faculty') by providing financial assistance (whether by way of a scholarship or otherwise to an undergraduate or agraduat e student engaged in such study).

4. The dean in his or her absolute discretion determines the adjudication and selection procedures applicable to any ofthe purposes referred to in section 3.

5. The Council may on the recommendation ofthe dean direct that the capital ofthe fond be resorted to for the purpose of the regulation.

[Am. 3/5/99, effective 1/7/99, ss. 2 and 5 am. , ss.4 , 6 and 7 revoked, s. 5renumbere d as s. 4 and new s. 5 made 2/4/01.]

6/4/01 R7.150 - THE HILDA TREVELYAN MORRISON BEQUEST

Recitals-

A. Hilda Trevelyan Morrison late of North Carlton in the State of Victoria, who died on 8 November 1964, bequeathed to the_University, upon the termination of other trusts, which events have now occurred, one half of her residuary estate "to establish one or more Science Scholarships for deserving students who are not in a financial position to continue studying such Scholarships to be with the written approval of myTrustees" , which approval has been given.

B. The University received $92,891 in satisfaction ofthe bequest.

It is provided as follows-

1. The sum of $92,891 and any accumulations and additions to the sum forms the endowment of a fond called "The Hilda Trevelyan Morrison Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income from the fond and, where necessary, the capital of the fund, is applied by the University from time to time to the making of an award for the assistance of one or more needy students enrolled in the faculty of Science ("the faculty") on the joint recommendation of the faculty and of the Student Financial Aid Officer ("the officer) for the time being or some person or persons nominated for the purpose by the Student Loan Fund and Bursaries Committee.

3. In the making of an award referred to in section 2 of this regulation the faculty and the officer or his or her nominee must be satisfied that the student could not without financial assistance continue his or her University course.

4. Any unexpended income in any year may be added to the capital ofthe fond or retained as income to be used in any subsequent year as the Council thinks fit.

5. Any student who has received an award from the fond is not thereby disqualified from receiving further assistance from the fund. R7.151 - JOYCE LAMBERT ANTARCTIC RESEARCH FUND

Recitals-

A. Margaret Joyce Boyd Lambert, late of East Malvern in the State of Victoria, who died on 4 March 1984, bequeathed to the University one-tenth of her residuary estate "for the purpose of antarctic research".

B. The University received $29,371 in satisfaction of the bequest, which sum increased to $64,219 at 31 December 1994.

It isprovide d as follows-

1. The sum of $29,371 and any accumulations and additions to the sum forms a fond known as the "Joyce Lambert Antarctic Research Fund" ("the fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) The net income of the fond is applied to antarctic research by the Council on the recommendation of a committee determined from time to time by the Council.

(2) The Council may direct that the capital of the fond be resorted to for the purpose set out in (1). R7.I53 - THE JOHN AND BETTY McCREERY SCHOLARSHIP FUND

Recitals-

A. On 13 July 1987 Mrs V M (Betty) McCreery ('the testatrix'), then of 9/12 Kensington Rd., South Yarra, Victoria, donated the sum of $25,000 ('the initial donation') -

'... to establish a fond, to be known as the "John and Betty McCreery Scholarship" to assist any of your students in necessitous circumstances in the faculties of science and medicine, to achieve their full potential.'

B. Mrs McCreery approved the terms of University legislation 78/87, which provided for the award of one.or more scholarships and included the following provisions -

(1) that each scholarship shall be awarded to either undergraduate or postgraduate students in necessitous circumstances in the faculties of Science and Medicine;

(2) that each scholarship shall be awarded to an Australian citizen;

(3) that the tenure of each scholarship shall be for one year or for such further period or periods as may be determined from time to time by Council on the recommendation of a committee;

(4) that the committee must take into account the academic attainments and potential of each candidate, as well as his or her financial need;

(5) that if Council forms the opinion that it is impossible or impracticable to carry out or continue the purpose specified, then it may apply the income and where necessary the capital ofthe fond for such other purposes as are, in its opinion, most closely in accordance with her intention.

C. The University legislation governing the fond was amended in 1993 and 2000, but contained substantially similar provisions, save for alterations to the committee which awarded the scholarships.

D. On 24 November 2004 Mrs McCreery died and by her will dated 13Novembe r 2002 ('the will') bequeathed her residuary estate to -

'to THE UNIVERSITY OF MELBOURNE for it to add to the existing capital ofthe "John and Betty McCreery Scholarship Fund" ("the Fund") AND I DIRECT that from the future net income ofthe Fund, ten per centum (10%) ist o be applied to the existing purposes ofthe Fund and ninety per centum (90%) ist o be applied to providing one or more travelling/study scholarships to assist students in the Faculties of Science and Medicine who are in necessitous circumstances to achieve their foil potential. Eligible students for award of a travelling/study scholarship may be undergraduate or postgraduate students but they must be Australian citizens. Selection of students for award of a travelling/study scholarship must be undertaken by a Committee established by the University Council which is to comprise the Deans of the two abovementioned faculties, a nominee of the Vice-Chancellor and two persons nominated by the Student Financial Aid Officer for the time being. In addition to selecting the travelling scholars, the role ofthe Committee is to monitor the financial well- being ofthe Fund and to recommend to the University Council each year how much ofthe net income is to be added to the capital of the Fund. In undertaking this financial advisory role, the Committee must seek the advice ofthe University's most senior investments officer and the head of its financial operations. If at any time and for whatever reason the Council forms the view that it is impossible or impracticable to carry out or continue the travelling/study scholarships, then the Council may apply the income and where necessary the capital of the Fund for such other purposes as are in its opinion most closely in accordance with my intentions...'

E A faculty of Medicine existed in 1987 when the initial donation was made but, apparently unknown to the testatrix, had become part of the faculty of Medicine, Dentistry and Health

6/11/00 R7.153 JOHN AND BETTY McCREERY SCHOLARSHIP

Sciences by 2002 when the will was executed. Students in the school of Medicine study substantially equivalent subjects to those students formerly enrolled in the faculty of Medicine. The current equivalent of the dean of the faculty of Medicine is now the dean of the faculty of Medicine, Dentistry and Health Sciences.

F At 13Jun e 2006, the amount ofthe fond was $ 1,720,710.75.

It isprovide d as follows-

1. The sum of $1,720,710.75, and any accumulations and additions thereto, forms a fond to be called 'The John and Betty McCreery Scholarship Fund' ('the fond') and the fond is to be paid into an investment pool and remain there until Council directs otherwise.

John and Betty McCreery Scholarship

2. Ten per cent of the net annual income of the fond is to be used to provide one or more scholarships, each to be called the 'John and Betty McCreery Scholarship', to students in necessitous circumstances in the faculty of Science and school of Medicine who are Australian citizens, to enable them to achieve their foil potential.

3. Each 'John and Betty McCreery Scholarship' is to be awarded by Council on the recommendation of the Student Loan Funds and Bursaries Committee. In recommending candidates for each such scholarship the committee must take into account the academic attainments and potential of each candidate, and must consult the faculty of Science and school of Medicine during its process of selecting candidates for recommendation. It may determine in its absolute discretion how that part ofthe net annual income ofthe fund available for the award of such scholarships is to be shared between the recommended recipients.

4. The tenure of each 'John and Betty McCreery Scholarship' is one year or such further period or periods as may be determined from time to time by Council on the recommendation of the Student Loan Funds and Bursaries Committee.

5. If at any time and for whatever reason Council forms the view that it is impossible or impracticable to carry out or continue the purpose in Section 2, then Council may apply ten per cent of the net annual income, and where necessary ten per cent of the capital, of the fond for such other purposes as are, in its opinion, most closely in accordance with the intentions of the testatrix.

John and Betty McCreery Travelling/Study Scholarship

6. Ninety per cent of the net annual income of the fond is to be used to provide one or more scholarships, each to be called the 'John and Betty McCreery Travelling/Study Scholarship', to assist undergraduate or postgraduate students in the faculty of Science and the school of Medicine, who arc both Australian citizens and in necessitous circumstances, to achieve their full potential.

7. Each 'John and Betty McCreery Travelling/Study Scholarship' is to be awarded by Council on the recommendation of a committee, which until the further determination ofthe University, is to be known as 'John and Betty McCreery Travelling/Study Scholarships Committee' but is to comprise-

(1) the dean of the faculty of Science; (2) the dean ofthe faculty of Medicine, Dentistry and Health Sciences; (3) a nominee ofthe Vice-Chancellor; and (4) two persons nominated by the Student Financial Aid Officer for the time being.

8. The John and Betty McCreery Travelling/Study Scholarships Committee is to monitor the financial well-being ofthe fond and each year is to recommend to Council how much ofthe net

6/11/00 income is to be added to the capital of the fond. In undertaking its advisory role the John and Betty McCreery Travelling /Study Scholarships Committee must seek the advice of the University's most senior investments officer and the head of its financial operations.

If at any time and for whatever reason Council forms the view that it is impossible or impracticable to carry out or continue the purpose in Section 6, then Council may apply ninety per cent of the net annual income, and where necessary ninety percent of the capital, of the fund for such other purposes as are, in its opinion, most closely in accordance with the intentions of the testatrix.

[revoked and re-made 10/9/07] R7.154 -TH E JOHNSTON BEQUESTS

Recitals-

A. Jane Stewart Johnston, Beatrice Livingston Johnston and Henrietta Macbeth Johnston all late of Armadale in the State of Victoria, each bequeathed to the University, subject of certain life interests provided for under the wills of the first and second-named testatrices, which interests have now been extinguished, a percentage of her residuary estate to be "applied for the purpose of research into the causes and cure of cancer absolutely".

B. The University received $110,25 7 in satisfaction of the bequests.

It is provided as follows-

1. The sum of $110,257 and any accumulations and additions to the sum forms a fond called "the Johnston Bequests" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) The income of the fond is applied to research into cancer on the recommendation of the Medical Research Committee ("the committee").

(2) The Council may on the recommendation of the committee direct that the capital of the fond be resorted to for the purpose set out in(1) . R7.155 - THE WILFRED PREST FELLOWSHIP

Recitals-

A. Between 1987 and 1988 Mrs Marjorie Prest of 52 Lynch Crescent Brighton donated $50,000 to the University with the wish that the University establish a fund known as The Wilfred Prest Travelling Fellowship in memory of her late husband Wilfred Prest, C.B.E., who was the Truby Williams Professor of Economics in the University from 1946 until his retirement in 1972.

B. Mrs Prest requested that the income from the fund be used to enable Economics graduates of the University, who are not more than twenty-seven years old at tlie time of the award of a fellowship, to continue their studies in that field at an overseas University or other research institution approved by the Council.

C. Mrs Prest directed that, if at any time, and for whatever reason, Council forms the view that it is impossible or impracticable to carry out or continue the purpose which she has specified, then Council may apply the income of the fund, and, where necessary, the capital, for such other purposes as are, in its opinion, most closely in accordance with her wish.

D. At 9 November 2004 the capital of the Wilfred Prest Fellowship was $161,103.79 and the accumulated income was$10,091.79 .

It is provided as follows-

1. The sum of $50,000 and any accumulations and additions to the sum forms a fond called "The Wilfred Prest Travelling Fellowship" ('the fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income ofthe fond is to be used to provide one or more fellowships each named 'The Wilfred Prest Fellowship' to assist Economics graduates of the University to continue their studies in that field at an overseas university or research institution approved by Council. Should there be no suitable candidate, the fellowship may be awarded to a student enrolled in the course for the degree doctor of Philosophy in the department of Economics.

3. Each fellowship is to be awarded annually by Council on the recommendation of the dean of the faculty of Economics and Commerce ('the dean') who, before making any recommendation concerning the fellowship, must consult the head ofthe department of Economics.

4. The term ofthe scholarship ison e year and may be extended for a further term of one year.

5. The value of each fellowship is to be decided by Council on the recommendation of the dean provided that the total sum expended in any year must not exceed the net annual income.

6. Council may, on the recommendation of the dean, direct that the capital of the fond be resorted to for the purposes referred to in section 2.

7. If at any time, and for whatever reason, the Council forms the view that it is impossible or impracticable to carry out or continue the purposes referred to in section 2 then the Council may apply the income of the fond, and, where necessary, the capital, to such other purposes as are in its opinion most closely in accordance with the wish of the donor.

[Recitals A,C and s. 1 am., Recital Dsubst. , ss. 2-9 revoked, ss. 2-6 remade, s. 10renumbere d s. 7 7/3/05.]

7/3/05 R7.156 - WINIFRED HALLAM MONDS BEQUEST

Recitals-

A. Winifred Hallam Monds, late of Toorak in the State of Victoria, who died on 18 October 1985 bequeathed a one-fourteenth share of her estate "for the University of Melbourne Department of Ophthalmology".

B. The University received $164,285 in satisfaction ofthe bequest, which sum increased to $236,285 at 31 December 1994.

It isprovide d as follows-

1. The sum of $236,285 and any accumulations and additions to the sum forms a fond called the "Winifred Hallam Monds Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) The income of the fund is applied to research in the department of Ophthalmology by the faculty of Medicine, Dentistry and Health Sciences on the recommendation of the Medical Research Committee ("the committee").

(2) The Council may on the recommendation ofthe committee direct that the capital ofthe fond be resorted to for the purpose set out in(1) . R7.157 - ROTARIAN GEORGE ALCORN MEMORIAL LIBRARY FUND

Recitals-

A. The Rotary Club of Balwyn donated $20,000 to International House to establish the "Rotarian George Alcorn Memorial Library Fund" to perpetuate the memory ofthe late George Alcorn, who, at the time of his death in November 1987, was Vice-President of the Club, Librarian of the Supreme Court of Victoria, and a member ofthe council of International House.

B. Other donors increased the capital of the fond by making further donations totalling $31,150.

C. The University received $20,000 at the time of the donation, which sum increased to $57,986 at 31 December 1994.

It is provided as follows-

1. The sum of $57,986 any accumulations and additions to the sum forms a fond called the "Rotarian George Alcorn Memorial Library Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fond is applied on the recommendation ofthe Warden of International House to the acquisition of books and other material and equipment for the library of International House.

3. In making his or her recommendations the Warden must consult with the librarian and academic staff members of International House.

4. The name of the fund must be inscribed in each book purchased from thefond.

[s.2 am. ,s .4 delete d ands . 5renumbere d as4 1/4/96.]

17/5/96 R7.158 - KAYE MERLIN BRUTTON BEQUEST

Recitals-

A. Kaye Merlin Brutton, late of "Carramar", Esplanade, Mount Martha, in the State of Victoria, who died on 19Jul y 1984, bequeathed to the University his residuary estate, directing that "the Council of the University shall have discretion to apply the assets concerned both as to capital and income to support whether in the faculty of Medicine or in the faculty of Science or in both research into Cancer, Diseases of the Liver, Ophthalmic Diseases and Ophthalmic Defects (and in particular the neurological aspects of vision) and Angina Pectoris or any one or more of them".

B. Probate ofthe Will ofthe late Mr. Brutton was granted on 5 December 1984,an d on 13Ma y 1985, 30 May 1985,an d 27 May 1985,summonse s were issued pursuant to Part IV ofthe Administration and Probate Act on the application of the deceased's daughter, Elizabeth Murphy, his widow, Dorothy Evelyn Christine Brutton, and his former wife, Cecilia Brutton, respectively, the last-mentioned action being discontinued on 5Novembe r 1986.

C. Orders were made by the Supreme Court of Victoria on 10 February 1987 granting Elizabeth Murphy and Dorothy Evelyn Christine Brutton each alegac y of $300,000 from the estate, in lieu of the sumsbequeathe d by the Will, $5,000 and $30,000 respectively.

D. The University received $1,001,025 by way of partial distribution and expects to receive further smaller sums at the time of final distribution ofthe estate.

E. The faculties of Medicine, Dentistry and Health Sciences and Science have agreed that research fonds are to be apportioned between them on a four-fifths to one-fifth basis respectively, and that any future change to that ratio is to be determined by the Council.

It is provided as follows-

1. The sum of $1,001,025 and any accumulations and additions to the sum forms a fund called the "Kaye Merlin Brutton Bequest Fund" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. (a) Subject to the provisions ofthe succeeding paragraphs the net annual income ofthe fond is apportioned between the faculties of Medicine and Science ("the faculties") in a ratio of four-fifths to one-fifth respectively ("the ratio") and must be applied for the purposes of research into cancer, diseases of the liver, ophthalmic diseases (and in particular the neurological aspects ofvision ) and angina pectoris or any or more of them.

(b) The Council may at the request of the faculties alter the ratio referred to in paragraph (a).

(c) The Council may on the recommendation of the faculties, direct that the capital of the fond be resorted to in order to provide for any ofthe purposes specified in paragraph (a) and in giving such direction the Council must determine whether the capital sum is to be applied to one faculty to the exclusion of the other or, in appropriate circumstances, how the sum is to be apportioned between the faculties. R7.159 - JOHN McILWRAITH FUND

Recitals-

A. In 1954 the University received a donation of £5,000 from Mr. John Mcllwraith Smith, then Chairman of Directors of John Mcllwraith Industries Ltd., to mark the centenary of the company, to commemorate its founder, Mr John Mcllwraith, and to establish aframing centr e for architects.

B. The donation was applied, together with University funds, to the purchase of land at Mount Martha for the purpose of providing practical framing for architecture students in accordance with the wish of Mr Mcllwraith Smith.

C. In 1984 the University obtained Governor-in-Council approval to sell the land, and, from the proceeds of sale, $100,000 was allocated to a fond to commemorate the Mcllwraith gift.

D. The University's Finance Committee, with the agreement of the faculty of Architecture, Building and Planning, recommended that the fond be used for research into building construction or construction practice or construction management and also for the appointment of one or more research fellows in these fields from time to time.

It isprovide d as follows-

1. The sum of $100,000 and any accumulations and additions to the sum forms a fond called the "John Mcllwraith Fund" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) Subject to section 4 the income of the fond is applied by the Council on the recommendation of the faculty of Architecture, Building and Planning ("the faculty") to research into building construction or construction practice or construction management.

(2) Before making its recommendation the faculty must consult with its professors of Architecture and Building.

3. (1) In any year the Council may on the recommendation of the faculty appoint one or more research fellows.

(2) The value of each fellowship, its duration, and the conditions of appointment of each research fellow are those determined by the Council from time to time on the recommendation of the faculty provided always that the research fellow is engaged in research in one ofthe fields specified insub-sectio n 2(1).

4. From the net annual income of the fund the Council may direct that an amount be added to the capital of the fond.

[Edit. am. 26/9/97.]

26/9/97 R7.160 - HENRY FREEMAN BEQUEST

Recitals-

A. Henry Freeman, late of St. Kilda in the State of Victoria, who died on 2 January 1987, bequeathed his residuary estate to the University "for the purposes of the Department of Psychiatry in conducting research into the causation and prevention of manic depression".

B. The University received cash and investments totalling $108,835 in satisfaction of the bequest, which sum increased to $126,515 at 31 December 1994.

It is provided as follows-

1. The cash and investments totalling $126,515 and any accumulations and additions to them form a fond called the "Henry Freeman Bequest" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. (1) The income of the fond is applied to research into the causation and prevention of manic depression in the department of Psychiatry by the faculty of Medicine, Dentistry and Health Sciences on the recommendation ofthe Medical Research Committee ("the committee").

(2) The Council may on the recommendation ofthe committee direct that the capital ofthe fund be resorted to for the purpose set out in (1). R7.161 - THE POWNALL, IRVING, DAVIES AWARD

Recitals-

A. The University received $169,26 6from Mis s Elizabeth Ellen Pownall to endow an award known as the 'Pownall, Irving, Davies Award' to commemorate Elizabeth Pownall, Dorothy Irving and Margaret Davies, all graduates ofthe University.

B. The University agreed to establish a fond the income of which is applied to the making of awards of fellowships or scholarships in the faculty of Land and Food Resources ('the faculty') for the purposes of research in the field of Forestry.

C. The preference of the donor is that the fond be applied to the awarding of fellowships rather than scholarships.

D. The University received $169,26 6 at the time of the donation.

It isprovide d as follows-

1. The sum of $169,266 and any accumulations and additions to the sum forms a fund called the 'Pownall, Irving, Davies Award' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. Subject to section 3, from the net annual income of the fond, an award, called the 'Pownall, Irving, Davies Award', is made by Council, on the recommendation ofthe faculty every year or every two years. One or more fellowship or scholarship is awarded for the purpose of carrying out research in the field of Forestry.

3. Council may, on the recommendation of the faculty, award in any year either a fellowship or a scholarship or it may decide in each alternate year not to make any award but instead to direct that the income of the fund for that year be added to the capital of the fond to enable a greater accumulation of income to be available as income for the making of an award in the subsequent year.

4. In the award of a fellowship, the fellow is known as the 'Pownall, Irving, Davies Fellow' and, in the award of a scholarship, the scholar isknow n as the 'Pownall, Irving, Davies Scholar'.

5. If at any time, and for whatever reason, it becomes impracticable or impossible to continue to award the fellowship or scholarship on the above terms and conditions, or for the above purpose, then Council may apply the income of the fond, and, where necessary, the capital, for such other purposes as Council, on the recommendation of the dean of the faculty, determines accord with the intentions ofthe donor.

[Edit. am. 18/9/98,Title , Recital Ban d ss. 1-3 and 5am . 7/3/05.]

7/3/05 R7.162 - SCHOOL OF EARLY CHILDHOOD STUDIES FUND

Recitals-

A. As aconsequenc e ofthe amalgamation ofthe University with the Melbourne College of Advanced Education on 1 January 1989,th e Institute of Early Childhood Studies Trust has been wound up.

B. Cash and investments to the value of $251,865 have been transferred to the University. As at 8 June 2001 the capital ofthe fund was $248,716.00.

C. The University has determined that the cash and investments are to endow a fund to be called the School of Early Childhood Studies Fund, the School of Early Childhood Studies being one ofthe six departments ofthe newly created Institute of Education.

D. In 1998 the School of Early Childhood Studies amalgamated with the Department of Learning Assessment and Special Education to form the Department of Learning and Educational Development.

E. From 1 January 1995th e Institute of Education became the faculty of Education.

F. On 1 January 2008 the faculty of Education became Melbourne Graduate School of Education ('MGSE'). MGSE is a single-department graduate school and faculty and there is no longer a Department of Learning and Educational Development.

It isprovide d as follows-

1. The cash and investments totalling $251,865 and any accumulations and additions to them form a fund called the 'School of Early Childhood Studies Fund' ('the fund') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond is applied by Council to the advancement and encouragement | of teaching and research in early childhood studies in Melbourne Graduate School of Education ('MGSE') on the recommendation of the dean of MGSE who before making any such recommendation must consult the professor of Early Childhood Education Care provided that if the office isvacan t atth e relevant time, noconsultatio n is necessary.

3. The Council may on the recommendation ofthe dean direct that the capital ofthe fund be resorted to for the purposes setou t in section 2.

[Recital'B am., Recital Drelettere d Ean d new Dmade ,s . 2subst. , s. 3deleted , s.4 am.an d renumbered as s. 32/7/01 , Edit.am . 16/11/01,; Recital Fadded , section 2replace d 8/12/08]

16/11/01 R7.163 - HANDLEY FUND FOR THE BLACKWOOD PROPERTIES

Recitals-

A. The late Edgar Handley, who died in 1962, was the owner of three properties at Blackwood known as "Woodside", "Hillside" and "Decker's Land" respectively.

B. "Woodside" was devised to the University under Mr Handley's will, subject to a life interest which the University purchased in 1971.

C. "Hillside" was purchased by the University in 1956 from a company established by Mr Handley and, inth e same year, "Decker's Land" was purchased from Mr Handley.

D. Mr Handley established the Eliza Handley Trust in 1942 to commemorate his late mother and with the intention of providing properties at Blackwood for the use of staff and students for recreation and study.

E. The University sold "Decker's Land" in October 1988 for $110,054 and with the proceeds decided to establish a fund, the net income of which is to be used to assist the maintenance of "Woodside" and "Hillside" and thereby giving effect to the wish of Edgar Handley.

It isprovide d as follows-

1. The sum of $110,054 and any accumulations and additions to the sum forms a fond called the "Handley Fund for the Blackwood Properties" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net income of the fond is applied towards such maintenance of the Blackwood properties "Woodside" and "Hillside" as the Council on the recommendation of the Finance Committee from time to time determines.

3. In making its recommendations in accordance with section 2 the Finance Committee must seek the advice ofthe Blackwood Committee of Management. R7.164 -TH E UNIVERSITY OF MELBOURNE ARCHITECTURE TRUST FUND

Recitals-

A. The University received $22,350 from an appeal to raise money to establish "The University of Melbourne Architecture Trust Fund" "for the purpose of facilitating and promoting teaching and research work in architecture at the University", including "the provision of equipment and facilities and the support of further fund-raising activities".

B. Donors agreed, in accordance with the terms stipulated in the appeal letter, that both the capital and income ofthe fond are available for the above purpose.

It is provided as follows-

1. The sum of $22,350 and any accumulations and additions to the sum forms a fund called "The University of Melbourne Architecture Trust Fund" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The capital and income of the fund are applied by the Council, on the recommendation of the committee established in the succeeding section, to facilitating and promoting teaching and research work in architecture in the faculty of Architecture, Building and Planning ("the faculty") which may include the purchase of equipment and facilities and the support of further fond-raising activities.

3. A committee known as "The University of Melbourne Architecture Trust Fund Committee" ("the committee") is hereby established comprising-

(a) the vice-chancellor or the vice-chancellor's nominee as chairperson;

(b) the head of the department of Architecture and Building; and

(c) a representative of the architecture profession nominated by the members of the committee referred to inparagraph s (a) and (b) and approved by the Council. R7.165 - The Palladio Trust

Recitals-

A. In August 1989 the Palladio Foundation donated to the University the sum of $20,000 to establish The Palladio Trust.

B. The donor stipulated that the income from the fund and, where necessary, the capital ofthe fund, be applied to 'improving education or training or skill in those areas of interest or activity undertaken from time to time by The University of Melbourne by means of programmes of study or training in Italy for Australians or by means of such programmes in Australia drawing on visiting teachers from Italy" and to "enhancing the operation of the existing agreement between The University of Melbourne and the University of Padua'.

C. The University anticipates receiving further substantial donations from time to time from individuals and firms interested in promoting educational, scientific and cultural collaboration between Italy and Australia, some of which will be made to fond specified projects within the range ofthe above purposes.

D. At 12 October 2004 the capital of the Palladio Trust fond was $37,903.00 and the accumulated income was $21,953.00.

It is provided as follows-

1. The sum of $20,000 and any accumulations and additions to the sum forms a fond called the 'Palladio Trust' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. Subject to section 5 the net annual income of the fund is to be applied by Council, on the recommendation of a committee established inaccordanc e with section 3to -

(a) improving education or training or skill in those areas of interest or activity in which the University engages, which may include the conducting of programmes of study or training in Italy approved by the committee and the conducting of similar programmes inAustrali a with the assistance of visiting Italian academic staff; and

(b) enhancing the operation of the agreement between the University and the University of Padua.

3. (1) A committee known as 'Palladio Trust Committee' ('the committee') is hereby established by Council and comprises-

(a) three staff-members of the University who are to be nominated by the vice-chancellor; and

(b) two persons nominated by the Palladio Foundation Incorporated.

(2) The committee may co-opt up to three further persons who have a specialised knowledge of educational, scientific and cultural links between the two countries. The role of these members is advisory only and while they may participate in the deliberations of the committee they do not have avote .

4. The committee must in its absolute discretion determine how any ofthe purposes referred to in section 2 are to be given effect.

5. (1) From the net annual income ofthe fond an amount may be retained and added to the capital of the fond, which amounts must be determined by the committee from time to time on the advice of the University officer charged with financial responsibility for the fond.

(2) Council may on the recommendation of the committee direct that the capital of the fondb e resorted to for thepurpose s of this regulation.

7/3/05 6. Notwithstanding any of the above provisions, any amounts paid to the fund for a specified project within the range of one or other of the purposes referred to in section 2 may be whollyexpende do nth especifie d project.

[Title, ss. 1,2,3(1) and 5(2) am., Recital A subst., Recital D made 7/3/05.]

7/3/05 R7.166 -THE OLGA LAWLESS ZIEGLER MEMORIAL FUND Recitals- A. John Ziegler, late of 46 Kingston Street, Hampton, who died on 26 March 1987, bequeathed his residuary estate to the University 'to further the study of agricultural science' and specifically 'to create aScholarshi p Trust Fund tob ecalle d the Olga Lawless Ziegler Memorial Fund'. B. The testator directed the University to 'apply the capital and income derived therefrom in perpetuity in forming establishing and maintaining one or more scholarships to be called "the JOHN and OLGA LAWLESS ZIEGLER SCHOLARSHIP(S)" of the annual value of ONE THOUSAND DOLLARS ($1,000) or such other sum as the University Council may in its sole and absolute discretion think fit each to be awarded to such student or students who desire to pursue a course of study at the University of Melbourne in Agricultural Science who shall be selected byth e Council ofthe said University.' C. Thetestato r further directed that the following principles govern the award of such scholarships- '(i) That the scholarship(s) be awarded upon the results of the Higher School Certificate examination or such examination as may from time to time be the necessary prerequisite for entrance to the said University in the next year preceding the award of such scholarship or scholarships; (ii) That each such scholarship be tenable for aperio d of four years at the said University; (iii) That aschola r who forfinancial reason s would be unable to enter the said University be preferred to any other or others whose financial circumstances would be no such barrier but this factor is not to be construed against the main object of the bequest created by mewhic h ist o further the study of Agricultural Science; (iv) That the number of such scholarships awarded shall be within the discretion ofthe said Council ofthe University of Melbourne; (v) That the Council ofthe said University may at any time during the continuance of such Trust Fund in its sole and absolute discretion as it shall see fit suspend the awarding of such scholarship/s and or terminate the tenure thereof if it shall consider that the holder/s for the time being is/are not making sufficient progress in his or her work or his or her general conduct at the University is/are unsatisfactory and any action taken by the Council ofthe said University in accordance with such provisions shall be final and binding on the holder/s ofthe said scholarship/s for the time being; (vi) In the event of the said University at any future date altering the length of the prescribed course of study for a degree in agricultural science the said Council may in like manner change the period for which the said scholarship/s has been issued tofit i n with any such change soeffecte d byth esai d Council; (vii) The said University Council may at any time during the continuance of the aforesaid Fund in its sole and absolute discretion as it shall deem fit suspend the awarding of such scholarship/s if it considers it desirable or necessary for the Trust Fund to accumulate further corpus by such suspension to provide sufficient incometherefro m to meet all or any ofthe requirements set outabove. ' D. The University received $292,328 in satisfaction ofthe bequest. It is provided as follows - 1. The sum of $292,328 and any accumulations and additions to the sum forms a fond called the 'Olga Lawless Ziegler Memorial Fund' ('fund'), and the fund must be paid into an investment pool and remain there until Council directs otherwise. 2. The fund forms the endowment for one or more scholarships each to be known asth e 'John and Olga Lawless Ziegler Scholarship' ('scholarship'). 3. Each scholarship is awarded by Council on the recommendation of the dean of Melbourne School of Land and Environment ('dean') to a student undertaking undergraduate studies in agricultural science and who, amongst those qualified to enter the course in any one year, has achieved a high result in the assessment which is the prerequisite for university entrance. Preference must begive n to students whoar e in financial need.

7/3/05 R7.166 OLGA LAWLESS ZIEGLER MEMORIAL FUND 4. Subject to section 5 each scholarship is tenable for the duration of the course and the annual value of each scholarship is$5,00 0 or such other sum asCounci lfrom tim e to time decides. 5. The continued tenure ofthe scholarship depends on the work and behaviour ofthe scholar being considered satisfactory by Council and Council, on the recommendation of the dean, may suspend or terminate a scholarship at any time if the scholar's work or behaviour is not considered satisfactory. 6. The years in which each scholarship isoffere d are those determined by Council having regard to the future viability ofthe fund and measures necessary to preserve its value so that if in any year the income of the fund is considered insufficient to provide for the making of any new awards Council must not award the scholarship in that year and instead must direct that the income for that year be added toth e capital ofthe fund.

[Edit. am. 13/11/98,Recita l A,ss . 3an d4 am . 2/7/01,Tide ,ss . 1 and 3-6 am. 7/3/05;a m 27/4/09]

7/3/05 R7.167 - ELLINOR GERTRUDE HARRIS BEQUEST

Recitals-

A. Ellinor Gertrude Harris, late of Balwyn in the State of Victoria, who died on 16 August 1987 bequeathed the whole of her residuary estate "to the University of Melbourne Conservatorium for use in the furtherance of its general purposes".

B. The purposes for which the Conservatorium was established are now carried out by the faculty of Music and the name "University Conservatorium of Music" has been discontinued.

C. The University received the sum of $456,441 following the final distribution ofthe estate, which sum increased to $557,691 at 30 June 1993.

It is provided as follows-

1. The sum of $557,691 and any accumulations and additions to the sum forms a fond called the "Ellinor Gertrude Harris Bequest" ("the fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond is used for such general purposes in the faculty of Music as are from time to time approved by the Council on the recommendation of the Music Bequests Committee ("the committee").

3. The Council may, on the recommendation ofthe committee, direct that the capital ofthe fond be resorted to for the general purposes referred to above. R7.168 - YENCKEN FUND

Recitals-

A. In July 1988, Professor David Yencken, the then Elisabeth Murdoch professor of Landscape Architecture, donated $20,000 to the University to establish the "School of Environmental Planning Trust Fund' for the purpose of fostering research and teaching in environmental planning at the University." That sum increased to $44,000 by 31 December 1998.

B. Professor Yencken provided that "If at any time and for whatever reason it becomes impracticable or impossible to continue to apply the fond for the above purpose, then the Council may apply the income of the fond and, where necessary, the capital for such other purpose or purposes as the Council, on the recommendation of the head of the school, determines accord with the intentions ofthe donor."

C. The school of Environmental Planning no longer exists and it has become impracticable to apply the funds to the original purpose. The faculty of Architecture, Building and Planning has recommended that the fond be re-named to commemorate Professor Yencken. The purpose of the newly re-structured fond is to foster research and teaching in landscape architecture at the University.

D. Dame Elisabeth Murdoch has donated $50,000 towards a major publication on landscape architecture in Australia and she has agreed that her donation be placed in the newly re-structured Yencken Fund.

It isprovide d as follows-

1. The sum of $94,000 and any accumulations and additions to the sum forms a fond called the "Yencken Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond is to be applied by the Council, on the recommendation of a committee to be established by the Council from time to time on the recommendation ofthe dean of the faculty of Architecture, Building and Planning, towards a major publication on landscape architecture in Australia and to fostering research and teaching in landscape architecture at the University.

3. The Council may, on the recommendation ofthe committee, direct that the capital ofthe fond be resorted to for the purpose referred to in section 2.

[Reg. substituted 6/9/99.]

17/9/99 R7.169 - SIR RANDAL HEYMANSON FOUNDATION

Recitals-

A. Sir Randal Heymanson, late of 7 Mitchell Place, New York, in the United States of America, bequeathed to "the School of Medicine of the University of Melbourne" part of his Australian residuary estate with the direction that tlie income from the bequest "be devoted each year to research into the prevention and alleviation of physical pain on the recommendation of the Dean of the School".

B. The University received $480,787 in satisfaction ofthe bequest, which sum increased to $920,787 at 31 December 1994.

It is provided as follows-

1. The sum of $920,787 and any accumulations or additions to the sum forms a fond called the "Sir Randal Heymanson Foundation Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income ofthe fond is applied by the Council to medical research directed towards the prevention and alleviation of physical pain on the recommendation of the dean of the faculty of Medicine, Dentistry and Health Sciences ("die dean").

3. In making recommendations the dean must consult with a committee of which he or she must be a member and which must also include the vice-chancellor and five other persons appointed by the Council from time to time on the recommendation of the vice-chancellor. R7.170 -JULI A MARION HARVEY HALE BEQUEST

Recitals-

A. Miss Julia Marion Harvey Hale, late of 32 Orion Street, Vermont, bequeathed to the University one-half of her residuary estate "to be used in connection with the work ofthe Forestry Department of that University".

B. The University received $1,000,000 in satisfaction of the bequest, which sum increased to $1,590,777 at 31 December 1994.

It isprovide d as follows-

1. The sum of $1,590,77 7 and any accumulations or additions to the sum forms a fond called the "Julia Marion Harvey Hale Bequest" ("the fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. Subject to section 4 the net annual income of the fond may be applied by the Council from time to time to purposes connected with the work of the faculty of Agriculture, Forestry and Horticulture ("the faculty"), on the recommendation of the vice-chancellor, where those purposes will foster advanced study and research in forestry principles and practices. If the net income of the fond in any year is not so applied it mayb e added to the capital of the fond.

3. In making recommendations the vice-chancellor may consult with the dean and other appropriate members of the faculty.

4. The Council may at any time direct that the whole ofthe capital ofthe fond, or any part thereof, be resorted to in order to provide for any ofthe purposes referred to in section 2. R7.171 - THE UNIVERSITY OF MELBOURNE AUSTRALIAN CENTRE FOUNDATION

Recitals -

A. In 1991 Council approved an appeal to establish The University of Melbourne Australian Centre Foundation fund for the encouragement and promotion of excellence in education, study, teaching and research in Australian culture in the faculty of Arts.

B At 22 September 2005 the capital of the University of Melbourne Australian Centre Foundation fund was $132,632.69 and the accumulated income was $112,779.54.

It isprovide d as follows -

1. The sum of $245,412.23 and any accumulations or additions to the fond is to form a fond called "The University of Melbourne Australian Centre Foundation fond" ("the fond") and the fond must be paid into an investment pool and reman there until Council directs otherwise.

2. The capital and income of the fond are to be applied by Council on the recommendation of the board established in the succeeding section, to facilitate and promote teaching and research in The University of Melbourne Australian Centre ("the Australian Centre") which may include the purchase of equipment and facilities and the support of fond raising activities.

3. (1) There is to be aboar d of management ("the board") comprising the following members

(i) the director of the Australian Centre; (ii) the deputy director of the Australian Centre; (iii) not more than three members who are members ofthe faculty of Arts nominated by the dean ofthe faculty of Arts ("the dean"); (iv) not more than three members of the faculty or faculties or other organisation units inth e University nominated by the dean; (v) not more than two members appointed by Council; and (vi) not more than four members may be co-opted by the board.

(2) Members appointed under sections 3(i), (iii), (iv), (v) and (vi) are to be members for a term of three years and are to be eligible for reappointment.

(3) The chairperson is to be elected by the board and will hold office for a term of three years and may be re-elected.

[Revoked and remade 6/3/06.]

6/3/06 R7.172 - FLORENCE MAY MACAN BEQUEST

Recitals-

A. Florence May Macan, late of Surrey Hills, in the State of Victoria, who died on 14 June 1989 bequeathed to the University one-fifth of her residuary estate to be applied by the "Faculty of Medicine for medical research".

B. The faculty of Medicine isno w known as the faculty of Medicine, Dentistry and Health Sciences.

C. The University received $161,015 in satisfaction ofthe bequest, which sum increased to $202,735 at 31 December 1994.

It isprovide d as follows-

1. The sum of $202,735 and any accumulations and additions to the sum forms a fund called the "Florence May Macan Bequest" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond must be applied to medical research on the recommendation of the faculty of Medicine, Dentistry and Health Sciences ("the faculty").

3. The Council may, on the recommendation of the faculty, direct that the capital of the fund be resorted to for the purpose referred to above. R7.173 -DYASO N BEQUEST

Recitals-

A. By Deed of Settlement dated 21 December 1944 Mr E.C.E. Dyason established a trust for his children, his last surviving child being Dr Diana Joan Dyason who died on 30 September 1989. Dr Dyason was for many years a member of the University's department of History and Philosophy of Science.

B. On Dr Dyason's death the University became the ultimate beneficiary of the trust, the fonds from which are "to be used for the advancement of education".

C. The trust was wound up on 30 June 1990 and the University received $278,656 cash and investments amounting in value to $330,772, which sum amount increased to $632,993 at 31 December 1994.

It isprovide d as follows-

1. The cash and investments totalling $632,993 and any accumulations and additions to them form a fond the "Dyason Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until die Council directs otherwise.

2. The net income of the fond must be applied to the advancement of education at the discretion of the vice-chancellor.

3. The Council may, on the recommendation ofthe vice-chancellor, direct that the capital ofthe fond be resorted to for the purpose referred to above above. R7.174 - GEORGE SEGER BEQUEST [Resolved 5/11/90.] Recitals-

A. George Seger, late of Ivanhoe, inth e State of Victoria, who died on 16 December 1986 bequeathed to the University one-ninth of his residuary estate "to be used for the purposes of medical research in its Medical School in memory of my late wife Irene Seger".

B. The University received $378,000 in satisfaction ofthe bequest, which sum increased to $480,431 at 31Decembe r 1994.

It is provided as follows-

1. The sum of $480,431 and any accumulations and additions to the sum forms a fond known as the "George Seger Bequest" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond must be applied to medical research on the recommendation of the faculty of Medicine, Dentistry and Health Sciences ("the faculty").

3. The Council may on the recommendation of the faculty direct that the capital of the fund be resorted to for the purpose referred to above. R7.177 - LESLIE MOUtA HENDERSON BEQUEST

Recitals-

A. Leslie Moira Henderson, late of 223 Domain Road, South Yarra, who died on 9 July 1982, bequeathed to the University one-half of her residuary estate "for the general purposes" of the University. Miss Henderson was a graduate inArt s and Laws ofthe University.

B. Following the extinguishment of certain life interests created by Miss Henderson's will the University received $831,885 in satisfaction ofthe bequest, which sum increased to $849,725 at 31 December 1994.

It is provided as follows-

1. The sum of $849,725 and any accumulations and additions to the sum forms a fond called the "Leslie Moira Henderson Bequest" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. Expenditure from the net income of the fond, and, where appropriate, from the capital, must be made byth e Council on.the recommendation ofthe vice-chancellor. R7.178 - THE G.H. AND F.R. VASEY BEQUEST

Recitals-

A. Florence Rosetta Vasey, late of 53 Ridge Road, Wantima South who died on 6 January 1990, bequeathed the residue of her estate to the University 'for research into agricultural engineering' directing that the bequest be known as the 'G.H. &F.R . Vasey Bequest'.

B. Gilbert Herbert Vaseyjoine d the University as a lecturer in the then School of Agriculture in 1937 and became a senior lecturer in the School of Engineering in 1942.Althoug h he retired in 1970 his contribution to the academic life of the University continued until his death in 1986. Mr Vasey is remembered especially for his standing as an international authority on tractor safety, performance and testing and for his foresight in encouraging the University to establish the discipline of Agricultural Engineering in 1956.

C. The University received $130,91 1 insatisfactio n of the bequest.

It isprovide d as follows-

1. The sum of $130,911 and any accumulations and additions to the sum forms a fond called the 'G.H. and F.R. Vasey Bequest' ('the fond') and the fund must be paid into an investment pool and remain there until Council directs otherwise. ;

2. (1) The net annual income of the fond must be applied by Council, on the recommendation of the dean ofthe faculty of Engineering ('the dean') who before making any recommendation concerning the fond must consult the head of the department of Civil and Environmental Engineering,

(2) Council, on the recommendation of the dean, may direct that the capital of the fund be resorted to for thepurpos e of section 2(1).

[Titlean d s.l am.ss .2(1 )an d2(2 )am . 5/9/05.]

12/12/05 R7.179 - CHARLOTTE AMELIA GRUNDY BEQUEST

Recitals-

A. Charlotte Amelia Grundy, late of 173 Glen Eira Road, East St. Kilda in the State of Victoria, who died on 13 June 1959, bequeathed her residuary estate to the University, subject to a life interest which was extinguished on 21 May 1991.

B. By her will Mrs Grundy provided that her residuary estate be "used and applied by such University for research purposes in such manner as the governing body of such University shall from time to time think fit".

C. The University received $235,072 in satisfaction ofthe bequest, which sum increased to $239,352 at 31 December 1994.

It is provided as follows-

1. The sum of $239,352 and any accumulations and additions to the sum forms a fond called the "Charlotte Amelia Grundy Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond must be applied by the Council, on the recommendation ofthe vice-chancellor, to research.

3. The Council may, on the recommendation of the vice-chancellor, direct that the capital ofthe fond be resorted to for the purpose referred to above. R7.180 - IVAN NIKIFOROVICH SOOKHANOFF BEQUEST

Recitals-

A. Ivan Nikiforovich Sookhanoff, late of East Hawthorn in the State of Victoria, who died on 17 April 1991, bequeathed to the University his residuary estate "to be used in the promotion of medical or scientific research into the cause of cancer".

B. The University received $99,520 in satisfaction of the bequest, which sum increased to $227,581 at 31 December 1994.

It isprovide d as follows-

1. The sum of $227,581 and any accumulations and additions to the sum forms a fond called the "Ivan Nikiforovich Sookhanoff Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond must be applied by the Council to medical or scientific research into the cause of cancer on the recommendation of the faculty of Medicine, Dentistry and Health Sciences ("the faculty").

3. The Council may, on the recommendation of the faculty, direct that the capital of the fond be resorted to for the purpose referred to above. R7.181 - Henry Arthur Pitt Memorial Bequest

Recitals-

A. Kathleen Elizabeth Fitzpatrick, a former associate professor of History at tlie University, late of Flat 1, 54 Anderson Street, South Yarra, who died on 27 August 1990, bequeathed the residue of her estate to the University 'to be used by the said University for the purchase of books in thefield of history for the Baillieu Library and to meet the expenses incidental to such purposes including the costs of acquisition, purchasing and cataloguing of the books so purchased' and she directed 'that the moneys made available from my estate shall be in addition to and shall not result in a reduction of grants of money normally flowing to the Library for the purchase of books on the said subject'.

B. Professor Fitzpatrick's will contains the following relevant wishes-

(a) that the selection of books be made by the University Librarian after consultation with the chairperson and professors of the department of History who are to seek suggestions for the purchase of books from the academic staff of the department; and

(b) that, whilst it must not restrict the purchase of books which are needed, nor diminish purchasing opportunities, preference be"give n to the improvement of collections of special interest in the order of British History of the Tudor and Stuart periods and the history of the French Revolution respectively, and expresses her gratitude to the University, and particularly the department of History, for the happy working life she enjoyed there.

C. Professor Fitzpatrick's bequest is named, as she wished, as a memorial to her father, Henry Arthur Pitt, and each book purchased from the bequest is to contain a simple book plate stating that it was purchased from the 'Henry Arthur Pitt Memorial Bequest'.

D. The University received $1,933,971 following the partial distribution of Professor Fitzpatrick's estate, which sum increased to $2,451,979 at 31 December 1994.

It is provided as follows-

1. The sum of $2,451,979 and any accumulations and additions to the sum forms a fond called the 'Henry Arthur Pitt Memorial Bequest' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. Subject to section 4, the net annual income of the fond must be applied by the Council on the recommendation of a committee established by the Council in accordance with the following section to the acquisition, purchase and cataloguing ofbooks .

3. (1) A committee known as the 'Henry Arthur Pitt Memorial Bequest Committee' ('the

committee') is hereby established by theCounci l comprising-

(a) the chairperson ofthe department of History, as chair;

(b) the University Librarian or nominee; and

(c) the professors of History. (2) In formulating its recommendations the committee must seek suggestions for the purchase of books from the academic staff of the department of History and must, where this will not restrict the purchase of needed books, or diminish purchasing opportunities, give preference to the improvement of collections of special interest in the order of British History of the Tudor and Stuart periods and the history of theFrenc h Revolution respectively.

4. Neither capital nor income of the fond is to be used as a means to reduce grants of money which would otherwise be made available to the Library for the acquisition, purchase and cataloguing of books specified inth e preceding sub-section.

15/3/02 R7.181 HENRY ARTHUR PITT MEMORIAL BEQUEST

5. Each book purchased from the bequest must contain a simple book plate stating that it was purchased from the bequest.

6. The Council may on the recommendation of the committee direct that the capital of the fund be resorted to for the purpose set out above.

15/3/02 R7.182 -JOH N STEVENS GAWLER BEQUEST

Recitals-

A. John Stevens Gawler, late of 116 Springvale Road, Nunawading in the State of Victoria, who died on 6 September 1978, bequeathed to the University, subject to a life interest which was extinguished on 8 September 1990, one quarter of hisresiduar y estate 'to be used by it as part of its endowment fond and the income therefrom to be used for the benefit of the School of Architecture at such University'.

B. John Stevens Gawler was dean ofthe then faculty of Architecture from 1931 to 1946.

C. The University received $75,509 in satisfaction of the bequest.

It is provided as follows-

1. The sum of $75,509 and any accumulations and additions to the sum forms a fond called the 'John Stevens Gawler Bequest' ('the fond') and the fond must be paid into an investment pool and remain there until the Council otherwise directs.

2. The net annual income of the fund must be applied by the Council, on the recommendation of the dean of the faculty of Architecture, Building and Planning ('the faculty'), to the benefit of Architecture in the faculty.

[Recital Aan d s. 2 am. 2/7/01]

6/7/01 R7.183 -ELLE N MAVIS LEIGH BEQUEST

Recitals-

A. Ellen Mavis Leigh, late of Ormond in the State of Victoria, who died on 4 January 1991, bequeathed to the University one-quarter of her residuary estate "...for Cancer research..."

B. The University received $60,912 in satisfaction ofthe bequest, which sum increased to $63,544 at 31 December 1994.

It isprovide d as follows-

1. The sum of $60,912 and any accumulations and additions to the sum forms a fond known as the "Ellen Mavis Leigh Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fund must be applied by the Council, on the recommendation of the faculty of Medicine, Dentistry and Health Sciences ("the faculty"), to cancer research.

3. The Council may, on the recommendation of the faculty, direct that the capital of the fund be resorted to for the purpose referred to above. R7.184 - THE SIR FREDERICK BEAUMONT PHILLIPS BEQUEST

Recitals-

A. Sir Frederick Beaumont Phillips ('the testator'), who died on 6 June 1957, bequeathed to the University, to be used "for educational purposes", a one-third share of his residuary estate, subject to the life interest of his widow, Lady Phillips.

B. By Deed of Assignment dated 12 December 1990 Lady Phillips assigned to the University, as one of three residuary beneficiaries, a one-third share of the income of her late husband's estate for a period of seven years commencing on 30Novembe r 1990 and ceasing on 31 December 1997.

C The University received under the Deed of Assignment a total of $265,130.70.

D. Lady Phillips died inNovembe r 1997 and the University subsequently received shares with a value of $584,000. A final sum of $15,878.93 was received in February 2004. At 14Jun e 2004 the total sum ofthe Sir Frederick Beaumont Phillips Bequest fund ('the fund') was $886,939 and the cash balance was $196,111 .

It isprovide d as follows-

1. The fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The net income of the fond must be applied to educational purposes at the discretion of the vice- chancellor.

3. Council may, on the recommendation ofthe vice-chancellor, direct that the capital ofthe fond be resorted to for thepurpos e referred to above.

[Recital C substituted, Recital Dmad e 6/11/00, Title am., Recital Dsubst. , s. 1 subst., s. 3am . 12/7/04.]

12/7/04 R7.185 - ALBERT AND MARIE DIAMANT BEQUEST

Recitals-

A. Mrs Marie Diamant, late of 3 Hyslop Parade, Chadstone, who died on 11 January 1992, bequeathed to the University the whole of her residuary estate to be used "for the general purposes ofthe Faculty of Music".

B. The late Mrs Diamant was bom in Hungary and her late husband, Albert, in Czechoslovakia. As a young man Mr Diamant studied the violin in Bratislava at the Hummel Conservatorium of Music and later at the Paris Conservatorium. In Melbourne he had private tuition from Nathan Gutman. He was active in chamber music soirees with the Rosenfeld sisters and with Beryl, Christopher and William Kimber. He was the proud owner of an Amati violin. The Diamants were very keen concert-goers both in Australia and in their travels overseas.

C. The University received $200,000 by way of partial distribution of Mrs Diamant's estate, which sum increased to $318,985 at 31 December 1994.

It isprovide d as follows-

1. The sum of $318,985 and any accumulations and additions to the sum forms a fond called the "Marie Diamant Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. Subject to section 4, the net annual income ofthe fond mayb e applied by the Council from time to time for the general purposes ofthe faculty of Music ("the faculty") on the recommendation ofthe dean of the faculty having regard Mrs Diamant's wish that the fond be used to further the study of the violin. If the net income of the fond in any year is not so applied it may be added to the capital ofthe fund.

3. In making the recommendation the dean must consult with appropriate members ofthe faculty.

4. The Council may at any time direct that the whole, or any part, of the capital of the fund be resorted to, to provide for the purposes referred to in section 2. R7.187 -TH E BARRETT TRUST

Recitals-

A. Mrs Jeannette Robley, late of 10-14 Warner Street, Malvern who died on 13 December 1992 bequeathed $60,000 to the University;

"... to be held on trust (known as "The Barrett Trust") and the income and capital shall be applied towards the assistance of disadvantaged students at such times and in such manner as the Council of the University of Melbourne (or its delegate appointed in writing) as shall in its absolute discretion think fit.

Without limiting the generality of the foregoing and without imposing any further legal obligation upon the Council of the University of Melbourne I express the wish that the following guidelines be taken into account by the Council or its delegate-

(a) students of any faculty may apply for assistance;

(b) preference is to be given to the provision of loans to students, rather thangrants ;

(c) preference is to be given to assisting students, in the provision of a suitable study environment, such as college accommodation if the students' current lodgings are not conducive to study."

B. Mrs Robley was the daughter of the late Sir James Barrett, a distinguished medical practitioner who taught Physiology in the University from 1887 until 1937 and was actively engaged in the administration ofthe University all hisadul t life, becoming its Chancellor between 1935 and 1939.

C. The University received $60,000 in satisfaction of the bequest.

It isprovide d as follows-

1. The sum of $60,000 and any accumulations and additions to the sum forms a fond called "The Barrett Trust" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. Subject to section 4, the net annual income of the fond is to be applied by the University for student welfare purposes and to make loans and grants to students in financial need on the recommendation of the Student Financial Aid Officer ("the officer") for the time being or a person or persons nominated by the Student Loan Fund and Bursaries Committee ("the committee").

3. Applications for assistance are to be made in the manner prescribed by the committee on the recommendation ofthe officer.

4. The Council may direct that the capital ofthe fund be resorted to for the purpose referred to above. R7.188 -TREVO R BASIL KILVINGTON BEQUEST

Recitals-

A. Trevor Basil Kilvington, late of "Cronton", 9 Inglis Road, Berwick in the State of Victoria, who died on 13 November, 1977, bequeathed his residuary estate to the University, subject to the life interest of his widow which was extinguished by her death on 14 October 1992. The bequest is directed to be held-

"UPON TRUST absolutely for the MEDICAL SCHOOL of THE UNIVERSITY OF MELBOURNE in the said State of Victoria for research into the still unsolved problems associated with pregnancy particularly the causes of hypertension eclampsia and renal dysfunction AND I DECLARE that the receipt of the Registrar Secretary Treasurer or other proper officer for the time being ofthe said University shall be a sufficient discharge to my Trustees.".

B. The University received $634,513 in satisfaction of the bequest.

It is provided as follows-

1. The sum of $634,513 and any accumulations and additions to the sum forms a fond called the "Trevor Basil Kilvington Bequest" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond must be applied, on the recommendation of the faculty of Medicine, Dentistry and Health Sciences ("the faculty"), for research into the still unsolved problems associated with pregnancy, particularly the causes of hypertension, eclampsia and renal dysfunction.

3. The Council may, on the recommendation ofthe faculty, direct that the capital of the fond be resorted to for the purpose referred to above. R7.189 THE UNIVERSITY OF MELBOURNE SCHOOL OF BOTANY FOUNDATION

Recitals-

A. Council of the University in 1994 approved an appeal to enable the creation of a fund for the encouragement and promotion of excellence in education, study, teaching and research in Botany.

B. Council approved for the purpose the establishment of a foundation called the University of Melbourne School of Botany Foundation ('the foundation').

C. At 31 December 2004 the capital of the Melbourne School of Botany Foundation fond was $907,023.51 and the accumulated income was$1,060,814.51 .

It isprovide d as follows-

1. The sum of $907,023.51 and any accumulations or additions to the fund is to form a fond called 'The Melbourne University School of Botany Foundation' fond ('the fund') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The capital and income of the fond are to be applied by Council on the recommendation of the board established in the succeeding section, to facilitate and promote teaching and research in the school of Botany ('the school') which may include the purchase of equipment and facilities and the support of fond raising activities.

3. There ist o be aboard of management comprising the following members -

(i) the dean of the faculty of Science or nominee; (ii) the head ofthe school of Botany ('the head'); (iii) the director of the Plant Cell Biology Research Centre; (iv) two members of the academic staff of the school nominated by the head; (v) one postgraduate student of theschoo l nominated by the head; and (vi) not more than five external members co-opted by the board.

[s. 30edit . am. 15/3/02, Recitals Aan d Bam. , Recital C subst., ss. 1- 5 and Schedule revoked, ss. 1 -3 remade 7/3/05.]

7/3/05 R7.190 - ERIC J INGRAM BEQUEST

Recitals-

A. Mr Eric John Henry Ingram, late of "Florence", 133 Barkly Street, North Fitzroy in the State of Victoria, who died on 2 August 1936, bequeathed the residue of his estate, subject to a life interest, to the University with the direction "that the said University shall establish therewith a fund known as the "Eric J. Ingram Fund" and pay or apply to the income arising therefrom in equal shares for the benefit ofthe following objects namely-

(i) The Library of such University;

(ii) The Commerce Department of such University; and

(iii) The Workers Educational Association the portion provided for the Workers Educational Association to be expended in accordance with the wishes ofthe Council of such Association."

B. Mr Ingram also expressed the wish that "my name shall be associated with any object which shall benefit from the application of such income."

C. In 1975 the University received the sum of $28,907 on account ofthe residuary estate.

D. The Workers' Educational Association of Victoria ("WEA") ceased to exist in 1956 and its assets were apparently transferred to the Adult Education Association which was, it seems, formed under the auspices of the Council of Adult Education. No record has ever been able to be located concerning a body called the Adult Education Association.

E. The Council of Adult Education is a body established in Victoria, initially by the Adult Education Act 1946 and now by the Council of Adult Education Act 1981. Its objects are essentially to plan and supervise the administration and development of adult education in Victoria, and through these objects are not specially directed to "workers", its objects are similar to those ofthe WEA.

F. On 19 October 1993, following an application made by the University under section 4 of the Charities Act 1978, the Attorney-General sanctioned the following scheme -

"(i) One third share of the income (together with accumulated interest) of the capital sum of the trust established by clause 7(f) of the Will of the late Eric John Henry Ingram deceased is to be paid to the Council of Adult Education.

(ii) The Council of Adult Education is to apply the share of income from the said fund (including the accumulated interest) for such of its general purposes as the Board ofthe Council determines from time to time. (iii) To the extent considered practical from time to time by the Board of the Council of Adult Education the name of Eric J Ingram is to be associated with any object which benefits from the application of income from the fund."

It is provided as follows-

1. The sum of $28,907 and any accumulations and additions to the sum forms a fund called the "Eric J Ingram Bequest" ("the fund") which must be paid into an investment pool and remain there until the Council directs otherwise.

2. One third of the net annual income attributable to the original capital sum of $28,907 is to be paid to the Council of Adult Education in accordance with the order made by the Attorney-General on 19Octobe r 1993.

3. The remaining net annual income ofthe fund is to be divided equally between the Baillieu Library and the faculty of Economics and Commerce.

4. Whenever it is practical to do so a reference to the fund is to be associated with any expenditure from the fund. R7.191 - JOHN HARVEY FOSTER BEQUEST

Recitals-

A. John Harvey Foster, a former lecturer in History at the University, late of Flat 4, 171 Howard Street, North Melbourne, who died on 6 May 1994,bequeathe d to the University nine-tenths of his residuary estate 'for the purpose of increasing the Research Collections in the fields of Modem Jewish History and Modem German History.'

B. The University has received the sum of $468,000 in satisfaction ofthe bequest.

It isprovide d as follows-

1. The sum of $468,000 and any accumulations or additions to the sum forms a fond known as the 'John Harvey Foster Bequest' ('the fond') and must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond may be applied by the Council on the recommendation of the head of the department of History to increasing the Research Collection in the fields of Modern Jewish History and Modem German History.

3. The Council may on the recommendation of the head of the department of History direct that the capital ofthe fond be resorted to for the purpose stated above.

[ss. 2 and 3 am. 5/3/01.]

16/3/01 R7.192 -ORIENTA L STUDffiS TRUST FUND

Recitals-

A. In 1959 the University agreed with Mr. Kenneth Myer that it would use £11,000 it received from The Myer Foundation to establish a "school of Oriental Studies". That amount increased to $309,180 at 31 December 1995.

B. In 1995 senior counsel provided advice that the Professor of Oriental Studies was to nominate the ways in which income from the trust was to be used for the benefit of the Department of Oriental Studies. Senior counsel confirmed that the change of name ofthe chair to "Chinese" and ofthe Department to "Japanese and Chinese" did not alter the trust obligations and that the current professor and the currently named Department are, for the purposes of the trust, the Professor of Oriental Studies and the Department of Oriental Studies. He added that where the chair is vacant the head of department is to make recommendations to the Council regarding expenditure.

It isprovide d as follows-

1. The sum of $309,180 and any accumulations or additions to the sum forms a fond called the "Oriental Studies Trust Fund" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. From the net annual income ofthe fond, on the recommendation ofthe professor of Chinese or, where the chair is vacant, on the recommendation of the head of the department of Japanese and Chinese ("the department"), the Council may approve expenditure for the purposes of the department.

3. References to the professor of Chinese, to the chair of Chinese and to the department are to be read and construed as though they are references to the professor of, chair of and school of Oriental Studies respectively, even if any or all of themar e subsequently re-named by the Council.

25/3/96 R7.193 - LOUISA JEAN de BRETTEVILLE BEQUEST

Recitals-

A. Mrs. Louisa Jean de Bretteville, late of 2000 Washington Street, San Francisco, California, in tlie United States of America, who died on 20 April 1994, bequeathed to the University seven one-, hundredths of her residuary estate to be applied by the Department of Ophthalmology 'for the purposes of research into the curing and treatment of diseases ofthe eye.'.

B. Mrs. de Bretteville was bom in Melbourne in September 1903 to Duncan and Alice Gilchrist and was educated at Clyde at Woodend. In 1926 she married Mr Thorold Fink, a director of tlie Herald and Weekly Times Group, who was killed in a jeep accident whilst on active service in 1942. She married Mr. Alec de Bretteville in San Francisco in 1947.

C. The University received $440,631 insatisfactio n of the bequest.

It isprovide d as follows-

1. The sum of $440,63land any accumulations or additions to the sum forms a fond called the 'Louisa Jean de Bretteville Bequest' ('the fond') which must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond is to be applied to research into the curing and treatment of diseases ofthe eye in the department of Ophthalmology.

3. The net annual income is to be expended by Council on the recommendation of the dean of the faculty of Medicine, Dentistry and Health Sciences who before making any such recommendation must consult the head ofthe department of Ophthalmology.

4. The Council may direct that the capital ofthe fund be resorted to for the purpose stated in section 2.

[Recital C and s. 2 subst., s. 1 am., s. 3 renumbered 4, s. 3 made 2/9/02.]

13/9/02 R7.195 - PROFESSOR MAURICE H. BELZ FUND

Recitals-

A. Dr. Florence Marjorie Belz, late of 667 Burke Road, Hawthorn, in the State of Victoria, who died on 21 July 1995,mad e the following bequest to the University-

B. 'In perpetuation ofthe memory of my late husband Professor Maurice H. Belz a one fifth share of my residuary estate shall be paid and transferred to THE UNIVERSITY OF MELBOURNE of Parkville in the said State to be invested (in such manner as the University in its absolute discretion shall from time to time think fit) and held by the University in perpetuity as a separate fund to be known as the Professor Maurice H. Belz Fund UPON TRUST to apply the income of such Fund generally to advance the interests and activities of its Department of Statistics and in particular to be applied each year (if practicable) in or towards sending selected scholars in statistics abroad for further study or in bringing to Australia from abroad qualified persons to lecture on statistics and allied subjects.'.

C. The University has received the sum of $498,074 in satisfaction of the bequest; $350,000 of the bequest was received on 4 December 1996, $100,000 ofthe bequest was received on 5 May 1997, $30,000 ofthe bequest was received on 1Octobe r 1997 and $18, 074 ofthe bequest was received f •. . on 4 January 1999. j' • D. The department of Statistics is now a section ofthe department of Mathematics and Statistics.

It is provided as follows-

1. The sum of $498,074 and any accumulations and additions to the sum forms a fond called the 'Professor Maurice H. Belz Fund' ('the fund') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fund is to be applied by the Council, on the recommendation of a committee to be established by it for the purpose, to advance the interests and activities of the successor to the department of Statistics and inparticular , to be applied each year, ifpracticable , in or towards sending selected scholars in statistics abroad for further study or in bringing to Australia from abroad qualified persons to lecture on statistics and allied subjects.

[Made 3/3/97, Edit. am. 15/8/97, Recital C and s. 1 am. 5/11/01.]

16/11/01 R7.196 - JOYCE MELROSE CRICKMER FUND

Recitals-

A. Ms. Joyce Melrose Crickmcr, late of 4 Karana Place, Glen Iris, in the State of Victoria, who died on 9Novembe r 1995,bequeathe d one-sixth of her residuary cstate-

to the UNIVERSITY OF MELBOURNE DEPARTMENT OF OTOLARYNGOLOGY for the specific purpose of a COCCYLEA [sic] IMPLANT for ayoun g child who could behelpe d to live a normal life but cannot afford to pay for it and the balance is to be used for research into Nerve Deafness;'.

B. The University has received $50,681 in satisfaction ofthe bequest and the Registrar has directed that a new fund be established.

It is provided as follows-

1. The sum of $50,681 and any accumulations and additions to the sum forms a fund called the 'Joyce Melrose Crickmcr Fund' ('the fund') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. Such part ofthe capital, as may be necessary, is to be applied by Council on the recommendation ofthe dean ofthe faculty of Medicine, Dentistry and Health Sciences ('the dean') to providing a cochlear implant to a young child in impecunious circumstances who could benefit from such an implant.

3. The net annual income ofthe balance ofthe bequest after providing for the purpose provided in section 2 is to be applied by Council on the recommendation of the dean for research into nerve deafness provided that Council, on the recommendation of the dean, may direct that the capital in whole or in part be so applied.

4. Before making any recommendation concerning the fund the dean must first consult the head of the Department of Otolaryngology.

[Made 5/5/97, ss. 2 and 3 subst. and s.4 made 11/8/03]

21/8/03 R7.197 - THE DOOKIE FARMS 2000 PROJECT FUND

Recitals-

A. In June 1996 Mr. Peter Tallis, of 'Boorinda', Dookie, in the State of Victoria, the chairperson ofthe Dookie Farms 2000 Project Steering Committee, donated to the University the sum of $10,000 to establish a fond for the purposes referred to below. Donations to the fund included a total of $45,000 from Mr Tallis and $50,000 from the Minister of Agriculture.

B. At 31 December 2004 the capital ofthe fond amounted to $252,636.25

It is provided as follows-

1. The sum of $72,569 and any accumulations and additions to the sum forms a fund called the 'Dookie Farms 2000 Project Fund' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. Subject to section 4, the net annual income of the fond is to be expended by Council, on the recommendation of a committee, which it must establish from time to time, for any or all of the following purposes-

(a) development of the farm at Dookie College, a part of the faculty of Land and Food Resources as a farming systems model for Australia;

(b) research and development of optimum productivity practices for farming in conjunction with the maintenance ofthe viable natural resources ofthe Dookie College farm area;

(c) research and promotion of sustainable farming systems;

(d) education and framing in land use management;

(e) research and promotion of soil conservation and ancillary environmental issues.

3. Where Council considers itt o be appropriate it may allow the capital ofthe fond to be resorted to for any ofthe purposes set out insectio n 2.

4. From the net annual income of the fond Council may direct that an amount be added to the capital of the fund, which amount is to be recommended from time to time by the committee established under section 2.

5. If at any time, and for whatever reason, it becomes impracticable or impossible to carry out the purposes for which the fund is established, then Council may apply the income of the fund and, where necessary, the capital, for such purposes as, in its opinion, most closely accord with the original purposes.

[Made 1/9/97,Title , Recital A, ss. 1,2 , 2(a) and 3-5 am., Recital B subst. 7/3/05.]

7/3/05 R7.198 - RONALD PHILIP GRIFFITHS BEQUEST

Recitals-

A. Ronald Philip Griffiths, late of 14 Kingston Avenue, Ascot Vale, in the State of Victoria, who died on 2 October 1981, bequeathed his residuary estate to the University, subject to a life- interest to his daughter which was extinguished by her death on 22 April 1996.

B. The terms ofMr . Griffiths' will are as follows-

" it is my wish that the University shall apply the same in some way which it considers most appropriate for inquiry or research into the causes or alleviation (or causes and alleviation) of the mental disorder known as schizophrenia. The receipt of the Registrar or other proper officer for the time being of the said University shall be a proper discharge for the same and my trustee shall not be bound to see to the application of the same. If the said University shall not be conducting research or inquiry of the nature aforesaid it may retain and accumulate the funds received and the income thereof until it shall conduct such research or inquiry or itma y pass the funds or some part thereof over to some institute body or person conducting such research or inquiry to its satisfaction.".

C. The University has received $1,962,716.54 insatisfactio n ofthe bequest.

It is provided as follows-

1. The sum of $1,962 , 716.54 and any accumulations and additions to the sum forms a fond called the "Ronald Philip Griffiths Bequest" ("the fond") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. Both the capital of the fond and its income are to be used for the purpose of "inquiry or research into the causes or alleviation (or causes and alleviation) of the mental disorder known as schizophrenia", such use to be made at the discretion of the Council on the recommendation of the dean ofthe faculty of Medicine, Dentistry and Health Sciences.

[Made 2/3/98.]

/-.

13/3/98 R7.199 - MARGARET HARRAP FOUNDATION

Recitals-

A. Margaret Florence May Harrap, late of 60 Harrap Road, Mount Martha, in the State of Victoria, who died on 15Jul y 1995,bequeathe d

" the sum of $100,000.00 to Melbourne University to be invested in a trust fund to be known as the "MARGARET HARRAP FOUNDATION" with the interest earned to be used for the purposes of assisting worthy and needy students by providing funds to enable them to purchase books, equipment or to assist with the payment of tuition fees.".

B. The University received the bequest inNovembe r 1997.

It is provided as follows-

1. The sum of $100,000 and any accumulations and additions to the sum forms a fund called the "Margaret Harrap Foundation" ("the fund") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income is to be used for the purpose of assisting worthy and needy students by providing funds to enable them to purchase books, equipment or to assist with the payment of tuition fees.

3. Applications for assistance must be made, in the manner prescribed by the Student Loan Fund and Bursaries Committee ("the committee"), to the Student Financial Aid Officer ("the officer").

4. All expenditure from the fond must be made by the Council on the recommendation of the committee or by aperso n nominated for the purpose by the committee.

[Made 2/3/98.]

13/3/98 R7.200 - THE NOEL RUDOLF HALL BEQUEST

Recitals-

A. Mr Noel Rudolf Hall, late of 2 Telford Court, Lara, in the State of Victoria, who died on 19 December 1996, bequeathed seventy per cent of his residuary estate 'to the UNIVERSITY OF MELBOURNE VETERINARY CLINIC AND HOSPITAL of Princesfs] Highway Werribee in die said State to be applied for the specific purpose of dog research and not for administrative purposes'.

B. The sum of $128,957.03 has been received in satisfaction ofthe bequest.

C. In 1999 the Companion Animal Trust Fund amounting to $9,801.53 was transferred to the Noel Rudolf Hall Bequest Fund.

It isprovide d as follows-

1. The sum of $128,957.03 and any accumulations and additions to the sum forms a fond called the 'Noel Rudolf Hall Bequest' ('the fond') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond is to be applied by the Council, on the recommendation of the dean ofthe faculty of Veterinary Science ('the dean'), to dog research.

3. The Council may direct, on the recommendation ofthe dean, that the capital ofthe fond be resorted to for the above purpose.

[Made 2/3/98, Recital C made,Title , Recital B and s. 1 am. 13/10/03]

7/11/03 R7.201 - THE HAROLD STANLEY SYMONS BEQUEST

Recitals-

A. Dr. Harold Stanley Symons, late of Flat 3, 271 Toorak Road, South Yarra, in the State of Victoria, who died on 9 September, 1997, divided his residuary estate into seventy equal parts, of which the University was bequeathed fifteen '...for the purposes of research in the Faculty of Medicine.'

B. The faculty of Medicine is now called Medicine, Dentistry and Health Sciences.

C. The sum of $322,166.70 has been received in satisfaction ofthe bequest.

It is provided as follows-

1. The sum of $322,166.70 and any accumulations and additions to the sum forms a fund called the 'Harold Stanley Symons Bequest' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income ofthe fond is to be applied by the Council on the recommendation ofthe dean ofthe faculty of Medicine, Dentistry and Health Sciences ('the faculty') to research in the faculty related to medicine.

3. The Council may at any time direct that the whole ofthe capital ofthe fond or any part thereof be resorted to for the purpose or purposes stated above.

[Made 7/9/98, S. 2 am. 5/7/99, s. 3 made 5/7/99, Title, Recital C and s. 1am . 11/8/03.]

21/8/03 R7.202 - PHILIPPA MARION GRAY RUSSELL BEQUEST

Recitals-

A. Miss Philippa Marion Gray Russell, late of 1 St. George Court, Trentham, in the State of Victoria, who died on 18Apri l 1998, divided her residuary estate into sixteen equal shares, of which six were bequeathed "....fo r The Veterinary School of The University of Melbourne.".

B. The sum of $600,000 has been received in partial satisfaction ofthe bequest.

It is provided as follows-

1. The sum of $600,000 and any accumulations and additions to the sum forms a fond called the "Philippa Marion Gray Russell Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The income of the fund is to be applied by the Council on the recommendation of the dean of the faculty of Veterinary Science ("the dean") for the purposes of the faculty of Veterinary Science.

3. On the recommendation of the dean, the Council may authorise resort to the capital of the fond.

[Made 5/10/98.]

16/10/98 R7.203 - DONALD RAYMOND STUART BEQUEST

Recitals-

A. Mr. Donald Raymond Stuart, late of 6Nimm o Street, Middle Park, in the State of Victoria, who died on 11 September, 1996, bequeathed to the University one-half of his residuary estate "for the purposes of medical research in the Faculty of Medicine.".

B. The faculty of Medicine is now called Medicine, Dentistry and Health Sciences.

C. The sum of $639,050.39 has been received in satisfaction of the bequest.

It isprovide d as follows-

1. The sum of $639,050.39 and any accumulations or additions to the sum forms a fund called the "Donald Raymond Stuart Bequest" ("the fund") and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income ofthe fond is to be applied by the Council on the recommendation ofthe dean of the faculty of Medicine, Dentistry and Health Sciences ("the faculty") to medical research in the faculty.

[Made 5/7/99.]

16/7/99 R7.204 - SEABROOK CHAMBERS LECTURESHIP

Recital-

A. Former Judges of the Accident Compensation Tribunal in the State of Victoria, Ross Betts, John Bowman, Lyn J3oyes, John Bingeman, Michael Arnold, Michael Croyle, Michael Gorton, Peter Hardham and Paul Mulvany, have donated $50,550.00 to the University 'on trust to fond a series of lectures to be given by people of international repute on issues relating to the rule of law in Australia and internationally. The issues to be dealt with in this series of lectures should include those relating to judicial independence.'

B. The donors did not require that the capital be preserved, stating that it was 'preferable to use it over the following few years spanning the centenary of federation when constitutional issues arc likely to receive great public attention.'

It isprovide d as follows-

1. The sumo f $50,550.00 and any accumulations or additions to the sum forms afond calle d the 'Seabrook Chambers Lectureship' ('the fund') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income ofthe fund is to be applied by the Council on tlie recommendation of the dean of the faculty of Law ('the dean') to a series of lectures to be given by people of international repute on issues relating to the rule of law in Australia and internationally. The issues to be dealt with in this series of lectures should include those relating tojudicia l independence.

3. The Council on the recommendation ofthe dean may direct that the whole ofthe capital ofthe fond or any part thereof be resorted to for the purpose stated in section 2.

[Made 6/9/99, Recital B and s. 3 made, s. 2 am. 4/3/02.]

15/3/02 R7.206 - THE IRENE MARIE McCABE BEQUEST

Recitals-

A. Irene Marie McCabe, widow, late of Flat 1, 30 Foote Street, Elwood, in the State of Victoria, who died on 17 January 2000,-bequeathed one-third of her residuary estate '...to the DEPARTMENT OF MICROBIOLOGY UNIVERSITY OF MELBOURNE and it is my wish that it be used for the purchase of equipment to further immunological research in that Department.'

B. The University received the sum of $513,208.28 in satisfaction of the bequest. At 22 June 2004 the capital of the Irene Marie McCabe Bequest fund was $418,002.00.

C. The department, which isno w known as Microbiology and Immunology, decided to apply $95,287.97 of the bequest towards the purchase of laboratory equipment and to preserve the remaining sum in a fond, the income to be applied for the purposes ofthe bequest with arigh t to resort to the capital.

It is provided as follows-

1. The sum of $418,002.00 and any accumulations and additions to the sum, is to form a fond called 'The Irene Marie McCabe Bequest' ('the fond'). The fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income of the fund is to be applied by Council towards immunological research on the recommendation ofthe head ofthe department of Microbiology and Immunology ('the head').

3. Council may, on the recommendation ofthe head, direct that thecapita l ofthe fond be resorted to for the purpose referred to in section 2.

[Made 4/9/00., Recitals B and C subst., ss. 1-3 subst., s.4 revoked 12/7/04]

12/7/04 R7.207 - THE WILLIAM COLLLE BEQUEST

Recitals-

A. William Collie, late of 294 Cotham Road, Kew, company director, who died on 11Jun e 1957,b y his will dated 1 November 1954, provided that the University would receive any residuary estate to which no person had vested interest under trusts established by the testator's will.

B. On the extinction of a life interest in 2000, the University received the whole of the testator's residuary estate.

C. The testator directed that any part of his estate received by the University 'be applied by such University in such manner as the Council or other governing body for the time being ofthe said University shall think fit for research into the causes prevention and cure of poliomyelitis and spastic conditions and kindred afflictions'.

D. The University has received the sum of $900,000 inpartia l satisfaction ofthe bequest and a further sum of approximately $715,500 is expected by way offinal distributio n in the near future.

It is provided as follows-

1. The sum of $900,000 and any accumulations and additions to the sum forms a fond called 'The William Collie Bequest' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond is applied by the Council on the recommendation of the faculty of Medicine, Dentistry and Health Sciences ('the faculty') for research into, and treatment of-

(i) poliomyelitis and spastic conditions, and

. (ii) other related conditions.

3. The Council may on the recommendation ofthe faculty direct that the whole ofthe capital ofthe fond or any part thereof be resorted to for thepurpose s stated above.

[Made 4/9/00.]

15/3/02 R7.208 MODERN GREEK LECTURESHIP FUND

R7.208 - MODERN GREEK LECTURESHIP FUND

Recitals-

A. Details are incomplete but in 1970 an appeal was instituted by the University to raise money for the teaching of Modem Greek. The appeal documents include a letter in the following terms-

B. 'The primary purposes of this appeal is to support the establishment of a lectureship in Modem Greek in the University of Melbourne. If insufficient money is raised, or if the primary purpose for any reason cannot be pursued by the University, the amount raised will either:

(i) be invested by the University until income accumulates to produce the required total amount, or

(ii) be used to support the teaching of Modem Greek at another Victorian tertiary institution;

as the Council of the University of Melbourne shall decide.

If for any reason the purposes in paragraph 1shoul d fail, such money as is raised by this appeal may be used to encourage education and study in the Modem Greek language and literature in the University of Melbourne on the recommendation ofthe Professor ofClassic s in that University.

If all the purposes expressed above should fail for anyreason , the moneys concerned may be used at the discretion of the Council of the University of Melbourne for the purposes of the Faculty of Arts in that University, after consultation with the Professor of Classics.

If the University should be unable to pursue the primary purpose expressed in paragraph 1an d if the teaching of Modem Greek is undertaken at another tertiary institution in accordance with that paragraph, the University may transfer all the moneys received for these purposes to such other institution.'.

C. The sumof $ 118,384 had accumulated by 31 October 1999.

It is provided as follows-

1. The sum of $118,384 and any accumulations or additions to the sum forms a fund called the 'Modem Greek Lectureship Fund' ('the fund') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The fond is to be used to support a lectureship in Modem Greek, subject to the caveats listed in the appeal letter which are quoted below-

'(a) The primary purposes of this appeal is to support the establishment of a lectureship in Modem Greek in the University of Melbourne. If insufficient money is raised, or if theprimar y purpose for any reason cannot be pursued by theUniversity , the amount raised will either:

(i) be invested by the University until income accumulates to produce the required total amount, or

(ii) be used to support the teaching of Modem Greek at another Victorian tertiary institution;

asth e Council ofthe University of Melbourne shall decide.

(b) If for any reason the purposes inparagrap h 1 should fail, such money as is raised by this appeal may be used to encourage education and study in the Modem Greek language and literature in the University of Melbourne on the recommendation of the Professor of Classics in that University.

13/10/00 R7.208 MODERN GREEK LECTURESHIP FUND

(c) If all the purposes expressed above should fail for any reason, the moneys concerned may be used at the discretion of the Council of the University of Melbourne for the purposes of the Faculty of Arts intha t University, after consultation withth e Professor of Classics.

(d) If the University should be unable to pursue the primary purpose expressed in paragraph 1an d if the teaching of Modem Greek is undertaken at another tertiary institution in accordance with that paragraph, the University may transfer all the moneys received for these purposes to such other institution.'.

3. Expenditure from the fund is to be made by the Council on the recommendation of the dean of the faculty of Arts ('the dean') after the dean has sought advice from relevant staff, particularly the professor of Classics.

[Made4/9/00. ]

13/10/00 R7.209 -JOH N HOMER COLE BEQUEST

Recitals-

A. John Homer Cole, late of 24Taiyu l Road, Narrabeen, in the State of New South Wales, who died on 30 March 1991, left his residuary estate to the University 'for the sole purpose of research into improving the cochlear implant and associated hearing problems.'.

B. The sum of $487,123.97 was received in satisfaction of the bequest.

It isprovide d as follows-

1. The sum of $487, 123.97 and any accumulations and additions to the sum form a fund called the 'John Homer Cole Bequest' ('the fund') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. Subject to section 3, the net annual income ofthe fond is to be applied 'for the sole purpose of research into improving the cochlear implant and associated hearing problems.'.

3. The Council may, on the recommendation ofthe professor of Otolaryngology, direct that the capital of the fond be resorted to for thepurpos e referred to above.

[Made 4/9/00.]

13/10/00 R7.210 - THE DR HUBERT SYDNEY JACOBS BEQUEST

Rccitals-

A. Dr. Hubert Sydney Jacobs, late of 10 Wilks Avenue, Malvern, in the State of Victoria, who died on 31 July 1950, left his estate subject to a life interest, which was extinguished in May 1983 'for The University of Melbourne to be applied for the purpose of the said The University of Melbourne in such one or more of the following manners as the Professor therein for the time being of Obstetrics and Gynaecology may in his sole discretion indicate in writing as being suitable to perpetuate my Association with the said The University of Melbourne namely the provision of scholarships the provision of Memorial Lectures the erection or alteration of buildings the provision of plant and equipment or assistance in research into the problems of Obstetrics and Gynaecology AND I DIRECT that either capital or income orbot h may from time to time be so applied as aforesaid.'.

B. The University received $35,762.56 insatisfactio n of his bequest, which sum had increased to $128,000 at 31 October 1999.

It is provided as follows-

1. The sum of $128,000 and any accumulations and additions to the sum forms a fund called 'The Dr. Hubert Sydney Jacobs Bequest' ('the fond') and the fond must bepai d into an investment pool and remain there until the Council directs otherwise.

2. The income ofthe fond is to be used to perpetuate the association of Dr. Jacobs with the University and may include-

(i) scholarships, (ii) memorial lectures to be called the Dr. Hubert Sydney Jacobs Memorial Lectures, (iii) the erection and alteration ofbuildings , and (iv) the provision of equipment and other assistance for research into the problems of Obstetrics and Gynaecology.

3. Capital and income of the fond may be so used upon the written recommendation of the professor of Obstetrics and Gynaecology such recommendation to state that the proposed expenditure is suitable to commemorate Dr. Jacobs' association with the University. Where there is more than one such professor the discretion is to be exercised by the professor who isals o thehea d of department.

[Made 2/10/00.]

13/10/00 R7.211 - THE M. M. CLARKE MEDICAL RESEARCH GRANTS

Rccitals-

A. Marion Margaret Clarke, late of Sydney, spinster, who died on 31 January 1997, by her will dated 21 April 1994, bequeathed to the University the residue of her estate to provide 'research grants in the paediatric field and I DIRECT that each and every research grant so made be known as the 'M.M. Clarke Medical Research Grant'.'

B. Miss Clarke recorded in her will that T wish it to be known that I have left my Residuary Estate to the University of Melbourne because it was from the Institution that I graduated as a Bachelor of Arts with Honours in 1934 and it was this degTec which allowed me to follow a successful career injournalis m and writing despite a debilitating attack of polio as a child.'.

C. The University has received $545,387.78 in satisfaction of the bequest.

It is provided as follows-

1. The sum of $545,387.78 and any accumulations and additions to the sum is to form a fund called 'M. M. Clarke Medical Research Grants' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The net income from the fond is to be used to provide grants, each of which must be called the 'M. M. Clarke Medical Research Grant', for research in paediatrics.

3. A grant is to be made by Council on the recommendation ofthe dean ofthe faculty of Medicine, Dentistry and Health Sciences provided that before making any such recommendation the dean must consult the head ofthe Department of Paediatrics.

[Made 2/10/00, Title,ss . 1 and 3a m 8/03/04.]

16/3/04 R7.212 - DAVID FINCH LECTURESHIP FUND

Recitals-

A. By a Fund Memorandum dated 29 November 1996 the Massachusetts Institute of Technology gave to the University the sum of $125,000 to form an endowment fond.-

B. The net annual income of the fund is to be used to provide a 'DAVID FINCH LECTURE to be given each year on the subject of evolving practices and principles and related issues pertaining to international monetary, financial, fiscal and trade integration and co-operation by a lecturer from outside Australia.'.

C. It was also agreed that a redesignation may be made, or amended by, Massachusetts Institute of Technology concerning the use by the University of the income of the fond for a charitable purpose and that any such redesignation, or amended redesignation, must be agreed in writing by the parties.

It is provided as follows-

1. The sum of $125,000 and any accumulations and additions to the sum forms a forid called 'David Finch Lectureship Fund' ('the fund') and the fund must be paid into an investment pool and remain there until the council directs otherwise.

2. The fond is administred by the Council on the recommendation of the dean of the faculty of Economics and Commerce.

3. The net annual income of the fund is to be used to provide an annual David Finch Lecture on evolving practices and principles and related issues pertaining to international monetary, financial, fiscal and trade integration and co-operation by a lecturer from outside Australia.

4. In the event of the University being unable to use the fonds for the prescribed purpose or any variation to the same, or its charitable status changes, it must return the capital and any unexpended income to the Massachusetts Institute of Technology.

[Made 6/11/00.]

6/11/00 R7.213 - THE MARGARET MAXWELL TRAIN BEQUEST

Recitals-

A. Miss Margaret Maxwell Train who died on 4 December 1980bequeathe d to the University one sixth part of her residuary estate for the purposes of cancer research.

B. The University received shares and cash amounting to $80,494 in 1982 which sum had increased to $186,261 with accumulated income of $2,859.91 asa t 8 June2001 .

It isprovide d as follows-

1. The sum of $186,261 and any accumulations and additions to the sum forms a fund called the Margaret Maxwell Train Bequest ('the fund') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The annual income ofthe fond is applied by the Council to cancer research on the recommendation ofthe dean ofthe faculty of Medicine, Dentistry and Health Sciences ('the dean').

3. The Council may, on the recommendation ofthe dean, direct that the capital ofthe fond be resorted to for the purpose referred to above.

[Made 2/7/01]

6/7/01 R7.214 - THE EDGAR ROUSE CHAIR OF RADIOLOGY

Recitals-

A. . In 1956 the University received a donation of £5,000 from Kodak (Australia) Pty Ltd and £5,000 from the Baker Trust to establish a fond for the purpose of establishing a Chair of Radiology. Further donations were received from various donors and by 1961 the fond exceeded £60,000.

B. The Council resolved that the chair be known as the Edgar Rouse Chair of Radiology.

C. The fund increased to $262,664.00 capital on 8 June2001 .

It isprovide d as follows-

1. The sum of $262,664.00 and any additions and accumulations towards the sum forms a fond called 'The Edgar Rouse Chair in Radiology Fund' ('the fund') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income of the fond is applied towards the payment of the salary, including provision for his or her retirement, of the professor' who holds the title of 'The Edgar Rouse Professor of Radiology' ('the professor').

3. The professor is appointed for such period and on such conditions as the Council from time to time determines.

[Made 2/7/01.]

6/7/01 R7.215- THE PATRICIA LESLEY BROTHERTON BEQUEST

Recitals-

A. Dr Patricia Lesley Brotherton of 134 Elgar Road, Box Hill South, Victoria, a lecturer in the Department of Psychology until her death as the result of a motor vehicle accident on 13 July 1979 bequeathed the sum of $20,000 to 'the Department of Psychology University of Melbourne to be used at the discretion of the professors of the Department for the work of the Psychology Department.'

B. The University received the sum of $20,000 in satisfaction ofthe bequest.

C. In 2001,o n $100,000 of accumulated income being converted to capital, the fond had a total capital of $130,000.

It is provided as follows-

1. The sum of $130,000 capital and $10,179.79 in accumulations and additions to the sum forms afond called the Patricia Lesley Brotherton Bequest ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income ofthe fund is expended by the Council on the recommendation ofthe head of the department of Psychology ('the department') for allo r any ofthe following purposes-

(a) to provide special lectures ('The Brotherton Lectures') in the department given by persons fromwithi n Australia or overseas; (b) to appoint from time to time from within Australia or overseas a fellow ('The Brotherton Fellow') to undertake in the department research relating to psychology; and (c) for such other purposes concerning the work of the department as may be approved by the Council on the recommendation of the head of the department.

3. The Council may on the recommendation of the head of the department expend part of the capital for any or all ofthe purposes set out in section 2.

[Made 2/7/01.

6/7/01 R7.216 - THE CATO CHAIR OF PSYCHIATRY

Recitals-

A. Beginning in 1960 over the following ten years Mr Edward Alexander Cato of Toorak and his sister, Dr Una Beatrice Porter of Surrey Hills, gave the sum of £100,000 to the University to establish a chair inPsychiatry . Contributions to the fond were received also from an appeal.

B. The Council made the first appointment to the chair in 1964 and resolved that it be known as the Cato Chair of Psychiatry.

C. The Council resolved in 1969 that at least $160,000 should be retained ascapita l if possible.

D. The fond amounted to $175,381 on 8Jun e2001 .

It isprovide d as follows

1. The sum of $175,381.00 and any additions and accumulations to the sum forms a fond called The Cato Chair of Psychiatry Fund ('the fond') and the fund must be paid into an investment pool and remain there until the Council directs otherwise.

2. The net annual income ofthe fond is applied towards the payment ofthe salary, including provision for his or her retirement, ofthe professor who holds the title of 'The Cato Professor of Psychiatry' ('the professor').

3. The professor is appointed for such period and on such conditions as the Council from time to time determines.

[Made 2/7/01.]

6/7/01 R7.217 - THE WILLIAM GIBSON CHAIR IN OTOLARYNGOLOGY

Recitals-

A. In 1961 the University established a fond to endow a chair in Otolaryngology.

B. In 1967 the Royal Victorian Eye and Ear Hospital gave the income and the capital of The William Gibson Memorial Fund to the fond on condition that the University established the department of Otolaryngology at that Hospital.

C. The Council resolved that the chair be known asTh e William Gibson Chair in Otolaryngology.

D. As at 16Augus t 2001 the fond had $274,186 in capital and $5,889 in accumulated income.

It is provided as follows-

1. The sum of $274,186 and any additions and accumulations to the sum forms a fund called The William Gibson Chair in Otolaryngology Fund ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The annual income ofthe fond is applied towards the payment ofthe salary including provision for his or her retirement of a professor who holds the title of 'The William Gibson Professor in Otolaryngology' ('the professor').

3. The professor is appointed for such period and on such conditions as the Council from time to time determine.

[Made 3/9/01.]

7/9/01 R7.218 - THE CHAIR OF SOCIAL WORK

Recitals-

A. Council established the Chair of Social Work in 1972.

B. Establishing the Chair was made possible by donations from individuals, organisations and foundations.

C. The first professor was appointed in April 1974.

D. The fond stood at $309,000 capital and $118,48 8 accumulated income on 1Marc h 2002.

It isprovide d as follows-

1. The sum of $309,000 capital and $118,488 accumulated income and any additions and accumulations to the sum form a fond called 'The Chair of Social Work Fund' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income ofthe fond is applied towards the payment ofthe salary, including provision for his or her retirement, of the professor who holds the title of 'The Professor of Social Work' ('the professor').

3. The professor is appointed for such period and on such conditions as Council from time to time determines.

[Made 3/6/02.)

7/6/02 R7.219 - THE FITZGERALD CHAIR OF ACCOUNTING

Recitals-

A. In 1974 Council decided to establish a Chair of Accounting to commemorate the invaluable service rendered to the accounting profession by the late Professor Alexander Fitzgerald and his late brother Garrett Ernest Fitzgerald, both for many years members of the teaching staff of the faculty of Economics and Commerce. They wrote several accounting texts and were partners in the Melbourne-based accounting firm Fitzgerald, Gunn and Partners. Sir Alexander Fitzgerald was the first occupant ofthe G.L. Wood Chair in Accounting, the first such Chair established in Australia.

B. The University held a limited appeal in 1976 and the first professor was appointed in 1977.

C. The fond in 1977 amounted to $154,542. At 1 April 2002 the fond had capital of $184,231 and accumulated income of $67,043.

It is provided that

1. The sum of $184,23 1 capital and $67,043 accumulated income and any additions and accumulations to these sums forms a fund called 'The Fitzgerald Chair of Accounting Fund' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The annual net income of the fund is applied to the salary, including provision for his or her retirement, of a professor who will hold the title of 'The Fitzgerald Professor of Accounting' ('the professor').

3. The professor is appointed for such period and on such terms as Council from time to time determines.

[Made 3/6/02.;

7/6/02 R7.220 - THE ALBERT SHIMMINS FUND

Recitals-

A. Dr Albert Shimmins, of 36 Phillipson Street, Albert Park in the State of Victoria, BEng, BCom, MEng (Elect), DSc(Melb), whose career in radio astronomy drew upon his passion for mathematics, donated the sum of $150,000 to the faculty of Science in 2002. The donation was made to establish The Albert Shimmins Fund, for the purpose of supporting research activities in the faculty of Science including scholarships, equipment and grants.

It is provided as follows -

1. The sum of $150,000 and any accumulations and additions to the fund forms a fond called 'The Albert Shimmins Fund' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. Income from the fond is awarded by Council from time to time on the recommendation ofthe dean ofthe faculty of Science ('the dean') to support research activities in the faculty which may include but are not limited to scholarships and equipment.

3. In any year Council on the recommendation ofthe dean may direct that income ofthe fond be added to the capital to enable a greater income for awarding in a subsequent year.

[Made 1/7/02.]

8/7/02 R7.221 - THE FREDERICK JOHN RILEY BEQUEST

A. Frederick John Riley retired secretary of 12 Walsal Avenue Reservoir in the State of Victoria who died on 2 April 1970 bequeathed to the University subject to a life interest one half share of his estate 'for the furtherance of research into cancer itspreventio n and cure'.

B. On the extinction of the life interest on 25 March 1986 all the parties who were bequeathed the other half of the estate had predeceased the life tenant and pursuant to the terms of the will the University received the whole estate.

C. The University received the sum of $181,284.

D. The fond stood at $234,809 capital and $22,769.89 accumulated income on 1 March 2002.

It is provided as follows-

1. The sum of $234,809 and any accumulations and additions to the sum forms a fond called 'The Frederick John Riley Bequest Fund' ('the fond') and tlie fond must be placed in an investment pool and remain there until Council directs otherwise.

2. The net annual income ofthe fond is applied towards research into the prevention and cure of cancer by Council on the recommendation of the dean of the faculty of Medicine, Dentistry and Health Sciences ('the dean').

3. Council on the recommendation ofthe dean may apply the capital in whole or in part towards the purpose prescribed in section 2.

[Made 1/7/02]

8/7/02 R7.222 - THE ALEXANDER NORMAN HENDERSON BEQUEST

Recitals-

A. Alexander Norman Henderson, architect, of 29 Coolullah Avenue, South Yarra in the State of Victoria, who died on 28 May 1982 bequeathed half of his residual estate to the University subject to a life interest, which expired on 1 April2001 .

B. The bequest was 'for the purpose of advancing the study of architecture at the University to be expended on the recommendation ofthe Faculty of Architecture.'

C. The 'Faculty of Architecture' is now the faculty of Architecture, Building and Planning.

D. The University received the sum of $94,672 in satisfaction ofthe bequest.

It is provided as follows-

1. The sum of $94,672 and any accumulations and additions to the sum forms a fond called 'The Alexander Norman Henderson Bequest Fund' ('the fond') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The income of the fond must be applied by Council on the recommendation of the dean of the faculty of Architecture, Building and Planning ('the dean') to the advancement of the study of architecture.

3. Council on the recommendation ofthe dean may at any time direct that the whole or any part ofthe capital be used for the purpose stated in section 2.

[Made 7/10/02.]

18/10/02 R7.223 - THE LILLIAN ERNESTINE LOBB SCHOLARSHIP

Recitals-

A. Miss Lillian Ernestine Lobb of 4A Dalny Street, Malvern in the State of Victoria who died on 18 July 1999b y her will gave to Perpetual Trustees:

'the sum of $50,000 to hold in trust as a fund to pay or apply the income and capital at my Trustee's discretion over 10year s from the date of my death to THE UNIVERSITY OF MELBOURNE ... to provide a scholarship every year to a female graduate with excellent academic records undertaking further study in the Faculty of Arts. In the exercise of their discretion in relation to the recipients of the scholarship my Trustees shall consider the recommendation of the Dean of the Faculty of Arts. My Trustees shall apply the capital and income ofthe fond so that the fond is exhausted within ten years from the date of my death.'

B. Miss Lobb graduated BA Melb. in 1949 and was for some time a lecturer at Emily McPherson College.

C. By a deed dated 31 July 2002 the University became trustee ofthe fond.

D. On 9 September 2002 Perpetual Trustees transferred to the University the sum of $50,000 capital and $1,899 accumulated interest in satisfaction ofthe bequest.

It is provided as follows-

1. The sum of $50,000 and any additions and accumulations forms a fund called the Ernestine Lobb Scholarship Fund ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The fond is to provide a scholarship each year provided that the capital and income must be totally expended not later than 17Jul y 2009.

3. The scholarship is to be awarded annually to a student who is a female graduate with excellent academic records undertaking further study inth e faculty of Arts.

4. The scholarship is to be awarded by Council on the recommendation of the dean of the faculty of Arts.

5. The value ofthe scholarship is to be determined each year by Council on the recommendation ofthe dean.

[Made 16/12/02]

20/12/02 R7.224 - THE ELLIS STONES MEMORIAL FUND

Recitals-

A. In 1977 the University opened an appeal to establish a permanent memorial to Ellis Stones who died on 4 April 1975.

B. Ellis Stones made an outstanding contribution to the development of a distinctly Australian style of landscape architecture and was widely recognised as Australia's most eminent landscape architect.

C. The fond was to be applied to the promotion of teaching and research in landscape architecture generally and when the sum of $500,000 was raised a chair in landscape Architecture was to be established.

D. In August 1980 the fond reached $500,000 whereupon Council established a chair in Landscape Architecture and resolved that it be known as the Elisabeth Murdoch Chair in Landscape Architecture in recognition of Dame Elisabeth Murdoch's outstanding contribution in the field of landscape design.

E. In August 1980 Council directed that the sum of $20,000 from the appeal fond form a separate endowment for the Ellis Stones Memorial Award which is governed by paragraph 89 of the Schedule to Regulation R6.72 - Commemorative Scholarships and Awards.

F. At 31'October 2002 the fond stood at $1,020,764 with accumulated income amounting to $300,412.

It is provided as follows-

1. The sum of $1,020,74 6 and any accumulations and additions to the sum forms a fund called 'The Ellis Stones Memorial Fund' ('the fund') and must be paid into an investment pool and remain there until Council directs otherwise.

2. The income of the fund is to be applied by Council on the recommendation of the dean of the faculty of Architecture, Building and Planning towards the promotion of teaching and research in landscape architecture generally and inparticula r towards the salary, including provision for his or her retirement, of the professor who holds the title of 'The Elisabeth Murdoch Professor of Landscape Architecture' ('the professor').

3. The professor is to be appointed for such period and on such conditions as Council from time to time determines.

[Made 16/12/02.]

20/12/02 R7. 225- THE STEVENSON CHAIR IN PAEDIATRICS

Recitals-

A. In 1958 Dame Hilda Stevenson, who for many years was chair ofthe Royal Children's Hospital Board of Management, gave to the University the sum of £100,000 to establish a chair in Child Health.

B. The University resolved that the chair be known as The Stevenson Chair in Child Health. The chair was renamed The Stevenson Chair in Paediatrics in 1965.

C. The fund stood at $265,598 at 16Augus t2001 .

It isprovide d as follows-

1. The sum of $265,598 and any additions and accumulations to the sum forms a fond called The Stevenson Chair in Paediatrics Fund ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income of the fond is to be applied towards the payment of the salary including provision for his or her retirement of a professor who holds the title of 'The Stevenson Professor in Paediatrics' ('the professor').

3. The professor ist o be appointed for such period and on such conditions as Council from time to time determines.'

[Made 16/12/02.]

20/12/02 R7.226 - THE V.B.TRAP P ENDOWMENT FUND

Recitals-

A. Vincent Burney Trapp of 'Yattan', Albany Road, Toorak in the State of Victoria who died in 1929 bequeathed to the University nineteen thirty-second parts of his estate 'to be devoted to such purposes as the Council of the said University shall determine and shall be called 'THE V.B. TRAPP ENDOWMENT FUND'.'

B. The bequest to the University was subject to life interests and two successive annuities. Between 1940 and 2001 the University received capital sums as these interests were extinguished.

C. On 18Novembe r 2002 the fond stood at$227,765 .

It isprovide d as follows-

1. The sum of $227,765 and any accumulations and additions to the sum forms a fund called 'The V.B. Trapp Endowment Fund' ('the fond') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The net income ofthe fund is to be applied by Council for such purposes as it may from time to time detemiine.'

[Made 16/12/02]

20/12/02 R7.227 - THE GERRY HIGGINS CHAIR OF IRISH STUDIES

Recitals-

A. In 1999M rJ . Higgins of Glen Iris and Mr. A.Myer s Q.C and Mrs. M.Myers ,bot h of North Carlton, donated the sum of $3,000,000.00 to establish the 'Gerry Higgins Chair of Irish Studies'.

B. The donation was made subject toth e terms ofa collaboratio n agreement dated 21 June 1999 ('the agreement'), between the University and Newman College Council Incorporated ('Newman College') acop y ofwhic h isreproduce d asth e schedule to this regulation.

C. The agreement establishes a chair, to be called initially 'The Gerry Higgins Chair of Irish Studies' ('the chair') for the purposes of promoting interest and education in Irish Studies, including without limitation, history, culture, literature, medieval studies, music, religious studies, art and law.

D. The agreement requires the University to use the fund to finance the full costs of supporting the chair, appoint a professor to the chair on its usual terms and conditions, support postgraduate scholarships and, if annual income remains, then with Newman College, to determine alternative purposes for such income.

E. The chair is named for the father of one ofthe donors, Gerry Higgins, who emigrated from Connemarra in Ireland and established Higgins Coatings, a commercial painting business, in Melbourne.

F. At 6Jun e 2008 the fund amounted to$5,775,363.95 .

It is provided as follows-

1. The sum of $5,775,363.95 and any accumulations and additions thereto forms a fund called 'The Gerry Higgins Chair of Irish Studies' ('the fund'), and the fund must be paid into an investment pool and remain there until Council directsotherwise .

2. The net annual income ofthe fund is to be used to finance the full costs of appointing a professor ('the professor') to the chair on the University's usual terms and conditions for such an appointment.

.3. If the full cost of supporting the chair permits, the University must apply up to 10pe r cent ofthe net annual income ofthe fund to support postgraduate scholarships in Irish Studies.

4. Any net annual income remaining after making the payments referred to in sections 2 and 3 must then be used for such other purposes asth e University and Newman College determine.

5. The University must satisfy the additional obligations assumed by it in clauses 2.1, 2.2, 3.1,3.5 , 4.1, 5,6.1 , 10.4(an d may act pursuant toclause s 3.3 and 4.2)o f the agreement.

6. Theprofesso r should act in accordance with clause 6.2 ofthe agreement.

7. Ifth e University determines (after consulting Newman College) that the chair is no longer viable,th e chair is thereby terminated, and the University must (after consulting Newman College) apply any monies or property remaining in the fund for another purpose associated with the teaching of and research related to Irish Studies. Any such expenditure must, at the time of such expenditure, be made in association with the nameofth e chair. The Schedule -

COLLABORATION AGREEMENT

THIS AGREEMENT ismad eo n . 21Jun e 1999

BETWEEN

NEWMAN COLLEGE COUNCIL INCORPORATED Registration No. A16552F, an incorporated association under the Associations Incorporation Act 1981 (Victoria) q/"887 Swanston Street,Parkville ,Victoria ,305 2("College" )

AND

THE UNIVERSITY OF MELBOURNE a body corporate and politicestablishe d underth eUniversit y of Melbourne Act 1958 (Victoria), of Grattan Street, Parkville,Victoria ,305 2("University" )

RECITALS A. The College and the University have agreed to collaborate in the establishment of aChai r in Irish Studies at the University to be associated with theCollege .

B. TheChai rwil lb eestablishe d andmaintaine d inth emanne r hereafter provided

OPERATIVE PROVISIONS

1. INTERPRETATION

1.1 Definitions

In this document unless the context otherwise requires: "Chair" means the Chair of Irish Studies to be established and maintained by the University pursuant tothi s Agreement.

"Fund" means a fund to be established by the University to finance the Chair and all additions,accumulations , income and all accretions toth e Fund from time totime .

1.2 Construction

In this document unless the context otherwise requires:

(a) words importing:

(i) the singular includeth e plural and vice versa;an d (ii) any gender includes the other gender;

(b) references toperson' s include corporations and bodiespolitic ;

(c) references, to a person includes the legal personal representatives, successors and assigns of that person;an d (d) references to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of anyo fthem .

1.3 Headings

Headings shall be ignored in construing this document

2. THE CHAIR

2.1 The Chair is established and shall be maintained for the purposes of promoting interest and education in Irish Studies, including without limitation, history, culture, literature, medieval studies, music, religious studies,ar t and law. 2.2 The Chair will initially be located in the University's Department of History, and will initially be styled the "GERRY HIGGINS CHAIR OF IRISH STUDIES".

3. THE FUND 3.1 The University agrees to establish and maintain the Fund. 3.2 The Fund shall be the source for financing the Chair. 3.3 All donations and gifts made to the University with a request that they be used for the purposes ofthe Chair may be applied by the University for the Fund. 3.4 The University may elect to provide other amounts to the Fund. 3.5 All payments accepted by the University on condition that they be used for the purposes ofthe Chair must be paid into the Fund.

4. UNIVERSITY'S DUTIES

4.1 Subject to clause 5,th e University agrees that itshall :

(a) establish and maintain the Chair and achieve and implement the objects and purposes of this document;

(b) use itsreasonabl e endeavours toensur e from a financial perspective that theChai r isviable ;

(c) promptly report to the College at all reasonable times with all information, explanations and advice which the College may require with respect to the Chair;

(d) appoint aprofesso r to theChai r in accordance with clause 6;

(e) generally promote the Chair tocurren t andprospectiv e students;

(f) encourage a close association between the Chair and the educational activities of the College;an d

(g) act with the utmost good faith with respect to theCollege ;

(h) do all things which areancillar y or incidental to any ofthe above.

4.2 The University may in consultation with the College associate the Chair in accordance with the wishes of oneo r more benefactors ofthe Fund.

5. PRIOR CONSULTATION

In carrying out its duties under this Agreement, the University shall at all times consult with and obtain the comments ofthe College prior to passing or implementing any material decisions with respect to the Chair including without limitation any decision to:

(a) change thenam e ofthe Chair;

(b) appoint aprofesso r toth e Chair under clause 6;

(c) change thedepartmen t in which the Chair is located;

(d) terminate the Chair under clause 9;an d

(e) accept gifts and donations toth e Fund.

6. PROFESSOR

6.1 The University shall appoint a professor to the Chair on the usual terms and conditions set by the University for such appointments. There will bea representativ e ofthe College on appointment committees.

6.2 It is the intention ofthe University and the College that the professor should show: (i) support for the educational activities ofthe College;

(ii) a willingness and capacity to participate in the life of the College, for example through membership of the senior common room, occasional tutorials and lectures and/or student consultations;

(iii) a willingness and capacity to develop and encourage Irish Studies within the University;

(iv) a willingness and capacity to respond to and develop community interest in Irish Studies, particularly in contemporary Ireland and Irish communities outside Ireland. 7. POSTGRADUATE SCHOLARSHIPS The University shall, ifth e full costs of supporting the Chair permit, apply up to ten percent of the annual income of the Fund for the support of postgraduate scholarships in Irish Studies,t ob e administered by the department inwhic h theChai r is located. 8. PAYMENTS FROM THE FUND The University shall ensure that the Fund is only used for the purposes contemplated by • this document or for such other purposes asth e University and the College determine. 9. TERMINATION The Chair shall be terminated on such date as the University in its sole discretion determines that the Chair is no longer viable, provided that the University consults with the College before making such determination. In those circumstances, any property or moneys remaining shall, after consultation with the College, be devoted towards another purpose associated with the teaching of and research related to Irish Studies as such property or moneys will allow. The University shall ensure that whilst any part ofthe fund remains, any expenditure will be made in association with the name of theChai r atth etim eo f makingth e expenditure.

10. MISCELLANEOUS 10.1 Governing Law This document isgoverne d by and shall beconstrue d inaccordanc e with the laws of Victoria.

10.2 No Assignment

Neither party may assign its rights under this document without the prior written consent ofth eothe r party. 10.3 Amendment

This document may only be varied, supplemented or replaced by a document in writing duly executed by the University and theCollege . 10.4 Further Assurance

Each party shall promptly execute all documents and do all other things that the other parties from time to time reasonably require to effect, perfect or complete the provisions of thisdocumen t and the transactions contemplated by it.

[Revoked and remade 14/7/08] R7.228 - THE PEARSON WILLIAM TEWKSBURY BEQUEST

Recitals-

A. By his Will dated 25 March 1953('Will' ) Pearson William Tewksbury, OBE, investor ('donor') late of Melbourne, Victoria directed the executor ofthe Will, upon the death of various life tenants and annuitants-

'to divide the residue of myresiduar y estate amongst such other Public Charitable Institutions within the State of Victoria as may be selected bym y Trustee for the benefit of such Public Charitable Institutions and in such shares or proportions as myTruste e may decide.'

B. The donor founded the City Motor Service, one ofthe first car hireservice s in Melbourne and Sydney; he later promoted Yellow Cabs of Australia Ltd and Yellow Express Carriers Ltd. Companies formed byth e donor recovered alluvial gold by dredging in Victoria and New South Wales. Thedono r was awarded theOrde r ofthe British Empire (Civil) in 1920 for hiswa r work in Victoria. Hedie d on 12Jul y 1953.

C. In exercise ofthe discretion conferred byth e Will, by letter dated 1 August 1960th e executor notified the University that ('bequest')-

Tn pursuance ofth ediscretio n vested in this Company asexecuto r ofthe Will the Company's Board of Directors nominated University of Melbourne Engineering School to receiveone-sixt h ofthe net residuary estate asan d when it became available for distribution.'

D. Following the death ofthe life tenants and annuitants named in the Will, the University-

(1) received $48,317.37 in satisfaction ofthe bequest; and

(2) accepted that sum upon thetrust s specified byth e donor and by theexercis e of the discretion given toth eexecuto r byth e Will,

and the bequest therefore becameth e capital subject to thosetrust s ('capital sum').

E. The faculty described in theexecutor' s letter dated 1 August 1960 as 'University of Melbourne Engineering School' isno w known as Melbourne School of Engineering.

F. This regulation records-

(1) the trusts specified byth e donor and byth e exercise ofthe discretion given to the executor byth e Will,upo n which the University as trustee holds the capital sum;an d

(2) the administrative arrangements for the implementation ofthos e trusts,a s determined byth e University from timet otime .

It is provided as follows-

Name of the fund 1. The capital sum, all income arisingfrom th e capital sum, and any accumulations and additions thereto together form afond calle d 'The Pearson William Tewksbury Bequest Fund' ('fund'). R7.228 - THE PEARSON WILLIAM TEWKSBURY BEQUEST

Investment of the fund 2. The fond ist o bepai d intoon e or more investment pools and remain there until Council directs otherwise.

Trust terms 3. As trustee ofthe fund, theUniversit y is obliged byth e trusts specified by the donor and by the exercise ofthe discretion given toth e executor by the Will to apply the capital and income ofthe fond for the benefit of Melbourne School of Engineering ('MSE') ('trust terms'). .

Administrative arrangements 4. Until its further determination, and in order to implement the trust terms,th e University has determined-

(1) to establish a perpetual fond;

(2) to call the fund 'The Pearson William Tewksbury Bequest Fund';

(3) topreserv e thecapita l ofthe fond, meaning that the capital ofthe fond is not to be spent, subject always to section 5;

(4) that some or all ofthe net annual income ofthe fond ist o be applied annually by the dean of MSE('dean' ) for the purpose of oneo r more ofthe following-

(a) one or more scholarships;

(b) the achievement ofbes t practice in'teaching and research;

(c) the encouragement of research collaboration; and

(d) the establishment of benchmarking parameters both nationally and internationally;

(5) that theapplicatio n ofthe net annual income ofthe fond described in section 4(4) may include, but without limiting thegeneralit y oftha t section-

(a) support for visits and exchanges of academic staff and professional staff from Australian and overseas universities;

(b) theprovisio n of research scholarships; and

(c) the appointment ofvisitin g fellows;

(6) that each scholarship referred to in section 4(4)(a) ist o be awarded-

(a) to astuden t studying or enrolling to study engineering;

(b) onth e basis of financial need and prior academic achievement,

and that the term and value ofeac h scholarship ist o bedetermine d byth e dean; and

(7) to retain any unspent income as income for the application in a subsequent year for one ormor eofth e purposes described in section 4(4),o r to add itt o the capital ofthe fond. R7.228- THE PEARSON WILLIAM TEWKSBURY BEQUEST

5. Council on the recommendation ofthe dean may direct that the capital ofthe fond be resorted to for any ofthe purposes described insectio n 4(4).

6. Each application ofthe net annual income andth e capital ofthe fond ist o beclearl y identified as being in memory of Pearson William Tewksbury.

7. Council hereby authorises the dean to award each scholarship on behalf ofth e University.

[Made 3/3/03;revoke d and re-made 27/4/09] R7.229 - THE SULTAN OF OMAN ENDOWED CHAIR IN ARAB AND ISLAMIC STUDIES

Recitals-

A. By an Agreement dated 17Marc h 2003 the Sultanate of Oman and the University agreed to establish 'The_Sultan of Oman Endowed Chair in Arab and Islamic Studies' ('The Chair').

B. The arrangements concerning its administration are set out in the Agreement.

C. The chair was established to honour His Majesty Sultan Qaboos bin Said under whose leadership Oman made a leading contribution to the preservation and promotion of Arab and Islamic civilisation, and as an enduring testimony to the amity and partnership between the Sultanate of Oman and Australia.

D. On 26 March 2003 the Sultanate of Oman gave to the University the sum of US$1,500,000.00 , being AUD$2,495,840.27 as an endowment for the chair.

It is provided as follows:

1. The sum of $2,495,840.27 and any accumulations and additions to the sum forms a fond called 'The Sultan of Oman Endowed Chair in Arab and Islamic Studies Fund' ('the Fund') and the Fund must be paid into an investment pool and must remain there until Council directs otherwise.

2. During the reign of Sultan Qaboos, the title of the chair is to be 'The Sultan of Oman Endowed Chair in Arab and Islamic Studies' and thereafter the title ofthe chair ist o be 'the Sultan Qaboos bin Said of Oman Chair in Arab and Islamic Studies', provided that the University may, at the request of the Sultanate of Oman, change the name ofthe chair.

3. During the reign of Sultan Qaboos, the professor appointed to the chair ('the professor') will be known as 'The Sultan of Oman Professor of Arab and Islamic Studies' and thereafter as 'The Sultan Qaboos bin Said of Oman Professor of Arab and Islamic Studies' or such other name chosen by the University pursuant to section 2 above.

4. Without limiting the generality ofthe professor's duties, the professor isto -

(i) teach and conduct research in Arab and Islamic Studies in the contemporary world with some emphasis on the Sultanate of Oman ('Oman');

(ii) promote the development of advanced scholarship in fields relevant to Oman's special contribution to Arab and Islamic Studies; and

(iii) encourage the exchange of ideas and understanding among scholars in Oman and Australia and the international academic community.

5. The annual income of the Fund is to be applied towards the expenses associated with the Chair, including but not limited to the payment of the salary and expenses of the professor, including provision for his or her retirement.

6. Income not expended in any year may be-

(i) treated as income in the following year or years provided that such income will not be unreasonably accumulated; or

(ii) added to the fond; or

(iii) applied to research into and instruction of Arab and Islamic Studies or cultural and academic exchanges in a manner consistent with the donor's intentions.

21/8/03 R7.229- THE SULTAN OF OMAN ENDOWED CHAIR IN ARAB AND ISLAMIC STUDIES

7. The Professor is to be appointed for such period and on such conditions as Council from time to time determines.

[Made 11/8/03.]

21/8/03 R7.230 - THE THOMAS ROYE JAMES BEQUEST

Recitals-

A. Mr Thomas Roye James of 26 Patrick Avenue, Croydon in the State of Victoria, who died on 1Ma y 2001, bequeathed to the University, subject to a life interest, the proceeds ofthe sale of his home 'for the purposes of research into chronic pain in particular nerve related pain such as that recurring after shingles.'

B. Following an application pursuant to the Administration and Probate Act 1958, the Supreme Court of Victoria on 25 October 2002 made an Order providing that the University receive half the net balance absolutely.

C. The University on 15Ma y 2003 received the sum of $174,111.89 in satisfaction of the bequest.

It is provided as follows:

1. The sum of $174,111.89 ('the fond') and any accumulations and additions to the sum forms a fond called "The Thomas Roye James Bequest' and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income of the fond must be applied by Council on the recommendation of the dean of the faculty of Medicine, Dentistry and Health Sciences towards research into chronic nerve pain and in particular nerve related pain such as that recurring after shingles provided that before making any such recommendation the dean must consult the head ofthe school of Medicine.

3. Council may, on the recommendation ofthe dean, direct that the capital ofthe fond, in whole or in part, be applied towards the purposes provided in section 2.

[Made 13/10/03.)

7/11/03 R7.231 - THE AUSTIN SURGERY EDUCATION AND RESEARCH FUND

Recitals-

A. In 2004 the Department of Surgery, Austin Health/Northern Health at the Austin Hospital established the Austin Surgery Education and Research Fund to promote education and research in the department including the provision of equipment and facilities.

It is provided as follows-

1. The sum of $10,000 and any accumulations and additions to the fond is to form a fund called 'The Austin Surgery Education and Research Fund' ('the fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The capital and income ofthe fond are to be applied by Council on the recommendation ofthe head of the department of Surgery, Austin Health/Northern Health ('the department') to facilitate and promote teaching and research in surgery in the department, which may include the purchase of equipment and facilities

(•

[Made 12/7/04.]

12/7/04 R7.232 - THE LONGERENONG VISITING FELLOWSHIP

Recitals -

A. The Longerenong Centenary Visiting Fellowship fond was established as the result of an appeal in 1989 to commemorate the Longerenong College's centenary. The sum raised by the appeal is unknown.

B. The name of each Fellowship and Fellow respectively was to be preceded by the name of each donor who donated more than $10,000. No records of donors have been preserved.

C. In 1997 Longerenong College, part ofthe Victorian College of Agriculture and Horticulture ('the VCAH') became part ofthe Institute of Land and Food Resources in the University. The Institute of Land and Food Resources is now the faculty of Land and Food Resources.

D. In 1997 the trust was transferred to the University when itamalgamate d with the VCAH.

E. At 31 December 2004 die capital ofthe fond was $270,623.72 and the accumulated interest was $95,685.11.

It is provided as follows -

1. The sum of $192,762.63 and any accumulations and additions to the sum is to form a fond called 'The Longerenong Centenary Visiting Fellowship fond'('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The net income of the fond is to be available to provide a fellowship called the Longerenong Centenary Visiting Fellowship ('the fellowship') and the appointee is to be called the Longerenong Centenary Visiting Fellow ('the fellow').

3. The fellow is to be appointed from time to time by Council on the recommendation ofthe dean of the faculty of Land and Food Resources ('the faculty') who, before making any such recommendation, must consult the head of Longerenong campus.

4. The fellow will contribute to the teaching and research programs at Longerenong campus.

5. The term of each fellowship, which will usually be between three and six months, and its value are to be determined by Council on the recommendation ofthe dean ofthe faculty.

[Made 7/3/05.]

7/3/05 R7.233 - THE WILLIAM GAMBLE VISITING FELLOWSHIP FUND

Recitals -

A. Mr Lindsay Gamble ('the donor') of 97 High Street, Berwick in the State of Victoria, in 1993 donated to the Victorian College of Agriculture and Horticulture ('the VCAH') the sum of $20,000 and a further sum of $10,000 in 1994 to establish a fellowship at Dookie College in memory of his father, William Gamble, who from 1916 to 1921 was principal of Dookie College.

B. It was the donor's wish that the income of the fond be applied to providing an overseas visiting fellow at Dookie College.

C. In 1993 the sum of $10,000 was contributed by Mr Bob Luff, college director of the Council of Dookie College probably as a donation from the VCAH.

D. In 1994 the VCAH Foundation held an appeal to augment the fund. The sum raised is unknown.

E. In 1997 Dookie College, part of the Victorian College of Agriculture and Horticulture ('the VCAH') became part ofthe Institute of Land and Food Resources in the University. The Institute of Land and Food Resources is now the faculty of Land and Food Resources.

F. In 1997 the trust was transferred to the University when it amalgamated with the VCAH.

G. At 31 December 2004 the capital ofthe fond was $70,571.96 and the accumulated income was $30,030.63.

It is provided as follows -

1. The sum of $70,571.96 and any accumulations and additions to the sum is to form a fond called 'The William Gamble Visiting Fellowship fond' ('the fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The net income of the fund is to be used to provide a fellowship called 'The William Gamble Visiting Fellowship' ('the fellowship') and the appointee is to be called 'The William Gamble Fellow' ('the fellow').

3. The fellow is to be appointed by Council on the recommendation of the dean of the faculty of Land and Food Resources ('the dean') who before making any such recommendation must consult the head of Dookie campus.

4. The fellow will contribute to the teaching and research programs at Dookie campus.

5. The value and term of each fellowship is to be determined by Council on the recommendation of the dean who before making any such recommendation, must consult the head of Dookie campus.

[Made 7/3/05.]

7/3/05 R7.234 - THE ANNEMARIE MANKTEWICZ-ZELKIN FELLOWSHIP (OPHTHALMOLOGY)

Recitals -

A. Mr. Lawrence Zelkin of 225 Orrong Road, Balaclava in the State of Victoria who died on 27 June 1998 by a Declaration of Trust dated 15 June 1998 provided that the sum of US$1M ('the Zelkin Trust') be set aside from Mr Zelkin's estate and from the income thereof the sum of US$50,000 be paid annually to his partner Mrs Annemarie Mankiewicz during her lifetime and 'Upon the death of ANNEMARIE MANKIEWICZ any remaining assets in such trust shall be distributed to the ANNEMARIE AND WALTER MANKIEWICZ OPHTHALMOLOGICAL SCHOLARSHIP FUND and in such proportion as may have been provided by her in her last Will but if she shall have died intestate or if her Will shall not make provision for a bequest to any charity then my executors shall distribute my residuary estate for such charitable purposes as they may in their absolute discretion deem to be in conformity with the manner I would have applied my residuary estate had Ibee n alive at the time of such distribution.'

B. At the time Mr Zelkin died he knew that Mrs Mankiewicz had made a Will with a bequest to the University to establish the Annemarie and Walter Mankiewicz Ophthalmological Scholarship Fund. Subsequently Mrs Mankiewicz made a new Will with no bequest to the University.

C. Mrs Mankiewicz died on 7 March 2003 and by her Will provided-

Tt is my wish and desire that the moneys to be paid to the University of Melbourne [from the Zelkin Trust] shall be applied by the University of Melbourne to establish a chair to the effect named as follows:- 'THE ANNEMARIE MANKIEWICZ-ZELKIN SCHOLARSHIP (OPHTHALMOLOGY)' (formerly referred to as The Annemarie and Walter Mankiewicz Ophthalmological Scholarship Fund).'

D. Mrs Mankiewicz directed that her executors pay the Zelkin Trust to the University on them being satisfied with the terms of a regulation governing the fond.

E. Since the value of the Zelkin Trust was insufficient to establish a chair the executors approved the terms of this regulation prescribing that the income of the fond be applied to providing the Annemarie Mankiewicz-Zelkin Fellowship.

F. On 28 February 2004 the University received the sum of $1,346,209.75 (US$1,065,000).

It isprovide d as follows -

1. The sum of $1,346,209.7 5 and any accumulations and additions to the sum is to form afond known as 'The Annemarie Mankiewicz-Zelkin Fellowship fond' ('the fond') and the fund must be paid into an investment pool and remain thereuntil Council directs otherwise.

2. The net annual income of the fond is to be used to provide a fellowship to be called 'The Annemarie Mankiewicz-Zelkin Fellowship' ('the fellowship') open to Australian residents who have completed their clinical training in ophthalmology to enable them to undertake further academic development in the department of Ophthalmology ('the department').

3. The fellowship is to be awarded by Council on the recommendation of a committee known as The Annemarie Mankiewicz-Zelkin Fellowship Committee ('the committee') established by Council. The committee comprises -

11/4/05 (a) the dean ofthe faculty of Medicine, Dentistry and Health Science; (b) the Ringland Anderson Professor of Ophthalmology; (c) an ophthalmologist nominated by the Victorian State Branch of the Royal Australian College of Ophthalmology ('the College') or its successor body, who is not a foll-time member of the University staff but who is an active member of the clinical school, whose initial term asa committee member is tob e five years which term mayb e extended for a further term ofu p to five years.

4. In recommending a candidate for award of the fellowship, the cornrnittee must take into account the candidate's academic attainments andpotential for advanced training.

5. (1) The fellowship is to be open for award annually and is to have such value as may be recommended by the committee provided that the value must be not less than sixty per cent ofthe net annual income ofthe fund.

(2) The term of the fellowship is to be one year but the holder of the fellowship may be awarded a further fellowship in any subsequent year.

6. (1) Applications for the fellowship are to be invited by such means as the committee in its absolute discretion determines are appropriate. The cost of advertising the availability of the fellowship other than within the University is to be bome by the income ofthe fond.

(2) A candidate for the fellowship must submit to the committee a detailed proposal which sets out the programme of advanced training that he or she proposes to undertake and the candidate shall also berequire d to attend an interview conducted by the committee.

7. After the provision for the fellowship, the remaining net annual income is to be applied to research in the department. All research so funded is to be identified as having been undertaken 'with funds provided by the Annemarie Mankiewicz-Zelkin Fellowship Fund'.

8. If the fellowship is not awarded in any year the sum allocated for the fellowship in that year must be retained by Council and used to provide an additional fellowship in the following or any subsequent year.

9. If at any time and for whatever reason Council forms the view, on the recommendation of the committee, that it is impossible or impracticable to continue the purpose referred to in section 2, then Council may apply the income of the fund and, where necessary, the capital for such other purposes as are, in its opinion, as close as reasonably possible to the original intentions ofMr s Mankiewicz and Mr Zelkin.

[Made 11/4/05.]

11/4/05 R7.235- TH E RUSSELLAN D MAB GRIMWADE MIEGUNYAHFUN D

Recitals -

A. Sir Russell Grimwade ('the Testator'), ofMiegunyah ,Orron g Road, Toorak, whodie d on2 November 1955,i n addition toothe r bequests (see Regulation R7.236), bequeathed toth e University furniture, furnishings, pictures and other household goods ino r about Miegunyah.

B. The Testator further wished that 'the books making up my collection of Australiana ('the Grimwade Australiana Collection') shall remain as acollectio n for all time and shall be retained, suitably cared for at Miegunyah and shall serve as a reference library for studentso f Australiana, for members ofthe University Press and for other persons who havea specia l interest in such matters.' The Grimwade Australiana Collection is now preserved inth e Baillieu Library.

C. Lady Grimwade ('the Testatrix'), who died on 19Decembe r 1973,bequeathe d toth e University 'Miegunyah' and furniture, furnishings, pictures and personal chattels.

D. TheTestatri x in her will referred toth e will ofthe Testator in which hestate d 'Without imposing any binding obligation on thesai d University of Melbourne oro n itsgovernin g body for the time being', he wished 'Miegunyah' and the furniture, furnishings and pictures to be put to certain uses which heexpresse d asth ejoin t wish of he and Lady Grimwadean d in respect of which he noted that 'events which are not now foreseen may render impracticable or undesirable the carrying out ofsom eo f our wishes in the form that they are expressed inthi s clause. In such circumstances wear econten t to leave it toth e Governing Body for thetim e being ofthe University of Melbourne to adapt our expressed wishest oth e circumstances ofthe time in the full confidence that adherence to our general intention will at all times and under all circumstances be maintained', and theTestatri x in her will affirmed that those were her wishes.

E. The Council ofthe University, having found it impractical to maintain 'Miegunyah' for University purposes inaccordanc e withth e wishes ofthe Testatrix, madea n application to the Supreme Court of Victoria tosel l Miegunyah and certain items of furniture, and to establish withth e proceeds ofthe salea perpetua l endowment fund inmemor y ofthe Testator and the Testatrix.

F. The Supreme Court on 20Novembe r 1984declare d that 'Miegunyah' could no longerb e applied in accordance with the directions given by the Testatrix, regard being had toth e spirit ofthe gift, and made an order authorising the University to sell 'Miegunyah' and such items of furniture and other articles bequeathed toth e University by theTestatri x as itsa w fit and that the proceeds ofsal e beapplie d cy-pres in accordance with a Scheme tob eapprove d by the Court.

G. In 1987th e University sold 'Miegunyah' (receiving from that sale the net sumo f $3,379,844), Sir Russell's land (receiving from that sale the net sum of $1,475,000)an d certain items ofthe furniture and other articles receiving from those sales the net sumo f $8,081.

H. The Supreme Court of Victoria on 26 September 1990approve d the establishment ofa perpetual endowment fund to be known as 'The Russell and MabGrimwad e Miegunyah Fund' with the sums described in Recital G,th e income from which ist o beapplie d inth e manner set out ina scheme approved byth eCour t ('the scheme'). The value ofthe assets comprising the Russell and Mab Grimwade Miegunyah Fund and described inth eschem e amounted to $4,790,261. I. The Supreme Court of Victoria on7 Novembe r 2004 madea nOrde r varying the terms ofthe scheme by substituting another formula for calculating that part ofthe annual income to be added to capital and substituting Melbourne University Publishing for Melbourne University Press.

It isprovide d as follows -

1. The sum of $4,790,261, together with any accumulations and additions, ist o form a fund called 'The Russell and Mab Grimwade Miegunyah Fund' ('the fund') and the fund must be paid into an investment poolan d remain there until the University determines otherwise.

2 There ist o bea committe e ofCounci l and acommitte e ofmanagemen t established and known asth e Russell and MabGrimwad e Miegunyah Fund Committee ('the committee') which will have the following members- (a) the vice-chancellor or aperso n nominated by the vice-chancellor, who is chairperson of thecommittee ; (b) the Chancellor (c) Sir Andrew Grimwade,o r his nominee during his lifetime, being Angus Grimwade, and after hisdeath , aperso n associated with that family who must beselecte d from timet o time byCouncil ; (d) the provost; (e) the deputy vice-chancellor (research); (f) thedeput y vice-chancellor (global relations) or nominee; (g) thepresiden t ofth e Board; (h) the Herald Professor of FineArts ; (i) the chairperson ofthe finance committee; (j) tne senior vice-principal; and (k) not moretha n two members appointed annually by Council."

(2) The committee must atal l times include one person with knowledge ofthe publication of scholarly works,on e with knowledge ofth e housing and conservation ofbooks ,an don e with knowledge ofthe housing, conservation and development ofa collectio n ofwork s of art, furniture and furnishings.

Where one person has knowledge of all three ofthes e areas it will be sufficient compliance withthi s sub-section iftha t person isa member, and where one person has knowledge ofan y two ofthes e areas itwil l besufficien t compliance iftha t person and another person with knowledge ofthe remaining area are members.

(3) The committee must on behalf ofCouncil , manage and administer the fund in accordance with this regulation and by such terms of reference as may be formulated byCounci l from time totim e provided that the role ofthe committee is advisory only and it isno t authorised to exercise any power required by law tob e exercised byCouncil :

(4) The committee must, subject toth edirectio n of Council, report to and advise Council annually onth eadministratio n ofthe fund and must meet at least oncea year as soon aspracticabl e after 31January .

(5) Save inexceptiona l circumstances, Council must not exercise any powers in relation toth eadministratio n ofthe Miegunyah Fund unless it has first obtained the advice of thecommittee .

3. From the net annual income ofthe fund there must beapplie d in the ensuing year toth e capital ofthe fund anamoun t equal toeithe r - (a) ten per cent of that annual income;o r

(b) the sum determined by the formula -

IxD/10 0 where

I isth e net annual income;

D isth e percentage points increase in the cost of goods and services measured byth e Australian Bureau of Statistics during the relevant period by changes inth e Consumer Price Index or such other index asma y supersede that index or is inth e opinion ofthe Council the most appropriate measure oftha t increase;

whichever isth e greater.

4. The remainder ofthe net annual income ofthe fund must be applied inth e ensuing yeara s follows -

(1) 10%fo r the publication by Melbourne University Publishing (whether operated as a department ofthe University ora s aseparat e entity controlled by the University) ofbook s of high quality and educational value,t o be known as 'The Miegunyah Volumes', each of which must bear an imprint referring to 'Miegunyah' andth e Russell and MabGrimwad e Miegunyah Fund; and insofar asthi s proportion ofthe income or any part thereof isno t required for that purpose in any year, the income or part may be applied for the purpose described in section 4(3).

(2) 50%fo r -

(i) the housing and conservation, asa collectio n to be known as 'the Grimwade Australiana Collection', ofthe books referred to inth e Testator's will as 'my collection of Australiana';

(ii) the housing, conservation and development ofthe collection of workso f art, furniture and furnishings known as 'The Miegunyah Collection' and described inth e Court order of 26Septembe r 1990

and insofar asthi s proportion ofthe incomeo r any part thereof is not required for that purpose in any year, the income oran y part may be applied for the purpose described in section 4(3).

(3) 40%t ocreat e annually a fund ('the reserve') for distribution for such general University purposes as Council may from time totim e direct.

5. Subject toan y limits determined from timet otim e byCounci l either generally or for specific purposes, in respect ofthe fund sums may beappropriate d in any year for expenditure in a later year, and commitment may beentere d into requiring expenditure in a lateryea r from future income provided that nosuc hcommitmen t may be made for aperio d exceeding tenyear s or that may result in moretha n (100-8n)%ofth e current incomea t constant prices being forward committed 'n' years ahead ofthe current year.

6. (1) Thecommitte e must keep full and proper accounts and provide an annual report toCounci l giving details ofthe income and expenditure ofthe fund ando f appropriations from the fund made inth eyea r ofexpenditur e in a later year ando f commitments entered into requiring expenditure in later years from future income ofthe fund. (2) In 1993an d every fifth year thereafter, on dates tob efixed b y Council, the committee must carry out a review ofthe management of and expenditure from the fund.

[Made 11/7/05,Recita lG ,ss .4(a )an d(b )am . 6/3/06,renumbe r para4 (a)(b)an d para(iii )replac ese c4(c ) am8/5/06 ;sectio n2(1 )amende d8/12/08 ] R7.236 -TH E RUSSELL AND MAB GRIMWADE BEQUESTS

Recitals -

A. Sir Russell Grimwade ('the Testator') who died on 2 November 1955, bequeathed to the University, subject to a life interest to Lady Grimwade, land adjoining her property 'Miegunyah' in Orrong Road, Toorak and certain furniture and household goods in or about Miegunyah including pictures and books comprising the Australiana Collection.

B. The Testator also bequeathed one quarter of the residue of his estate for the purpose of endowing a fond to be called 'The Russell Grimwade Trust' the income from which is to be applied to suchpurpose s ofthe University as Council from time to time determines.

C. Lady (Mabel) Grimwade ('the Testatrix'), who died on 19 December 1973, bequeathed to the University the sum of $40,000 as an endowment for the purpose of maintaining the property Miegunyah and if, and insofar as it was not required for that purpose, then to be used for the purposes ofthe Russell Grimwade Biochemistry School.

D. Sir Russell and Lady Grimwade bequeathed other property to the University including their home Miegunyah asdescribe d in the recitals to Regulation R7.235.

E. In 1987 theUniversit y received the net sum of $1,475,000 from the sale ofthe Testator's land.

F. The sums received from the sale of the Testator's land described in Recital A , and from the Testator's bequest described in Recital B is to form a fund to be known as 'The Sir Russell Grimwade Trust fond'. The sum received pursuant to the Testatrix's bequest described in Recital C is to form a fund to be known as 'The Mab Grimwade Trust fond'.

G. For the purposes of this regulation The Russell Grimwade Trust and The Mab Grimwade Trust at their commencement were deemed to have the following capital-

The Russell Grimwade Trust $2,861,633 The Mab Grimwade Trust $564,705

H. At 8 June 2005 the Russell Grimwade Trust and The Mab Grimwade Trust had the following capital and accumulated income- Capital Accumulated Income The Russell Grimwade Trust $8,810,710.52 $1,051,380.27 The Mab Grimwade Trust $1,738,675.88 $138,878.90

It is provided as follows -

1. The sums of $1,738,675.88 and $8,810,710.52 together with any additions and accumulations are to form The Russell Grimwade Trust fund and The Mab Grimwade Trust fond ('the funds') respectively and the funds must be placed in an investment pool and remain there until Council directs otherwise.

2. The funds are to be administered by The Miegunyah Committee (see Regulation R7.235 - The Russell and Mab Grimwade Miegunyah Fund) which may make any recommendations concerning the funds.

3. From the net annual income of each fund there must be added to the capital of that fond an amount equal to either -

(a) ten per cent oftha t annual income; or

6/3/06 (b) the sum determined byth e formula -

I xD/100 where

I isth e net annual income;

D is the percentage points increase in the cost of goods and services measured by the Australian Bureau of Statistics during the relevant period by changes in the Consumer Price Index or such other index as may supersede that index or is in the opinion of the Council the most appropriate measure of that increase;

whichever is the greater.

4. Subject to section 3 -

(a) the net annual income of the Russell Grimwade Trust must be applied for the publication by Melbourne University Publishing (whether operated as a department of the University or as a separate entity controlled by the University) of books of high quality and educational value, to be known as "The Miegunyah Volumes', each of which must bear an imprint referring to 'Miegunyah' and the Russell and Mab Grimwade Miegunyah Fund;

(b) the net annual income of the Mab Grimwade Trust must be applied in the ensuing year for the 'Russell Grimwade Biochemistry School' of the University including the financing of a research fellow in Biochemistry.

5. (1) For each ofthe funds the Committee must provide an annual report to Council giving details ofthe income and expenditure of that fond.

(2) In 1993 and every fifth year thereafter, on dates to be fixed by Council, the Committee must carry out a review of the management of and expenditure of each fond.

6. Council, on the recommendation of the Miegunyah Committee, may direct that the income or part thereof of the Russell Grimwade Trustb e allocated to general University purposes.

[Made 11/7/05, RecitalH ,s .4(a )am .6/3/06 ,a m5/6.05. ]

5/6/06 R7.237 - THE LADY NORTHCOTE TRUST FUND

Recitals -

A. In 1908 the sum of 1891 pounds 4s and 6p was subscribed by Lady (Janet) Clark, Mary Miller, Sir James Barrett, Edward Fitzgerald, M Philip Fox, RJ Larking, AEJ Lee, W Harrington Moore, CL Pinschof, SG Pirani and R Hamilton Russell ('the subscribers') for the purpose of founding a fond to be known as 'The Lady Northcote Permanent Orchestra Trust Fund' for the establishment and maintenance of a permanent Orchestra in Melbourne under the direction of GWL Marshall-Hall, former Ormond Professor of Music at the University and founding director of the Conservatorium, and for otherwise promoting the study, practice, knowledge, and appreciation of Music in Melbourne and elsewhere.

B. Under the trust deed, the subscribers comprised a Board of Management and Equity Trustees Executors and Agency Company Ltd (later the Equity Trustees Company) consented to act as trustees.

C. The trust deed was amended in 1914, 1927, and 1928. After 1982 the Board comprised representatives ofthe University, the British Musical Society, the Royal Melbourne Philharmonic Society, the Musical Society of Victoria and the Victorian College ofthe Arts.

D. By a resolution of the Board dated 5 December 1995 the name of the trust was altered to 'The Lady Northcote Trust Fund'.

E. In order to secure the future ofthe fund the University was appointed trustee by a Deed of Retirement and Appointment ofNe w Trustee dated 14Ma y 1998.

F. Council on the recommendation of the committee is responsible for using the income of the fond for promoting the study practice knowledge and appreciation of music in Melbourne or elsewhere and in particular but without restricting the power aforesaid -

(a) to the establishment and maintenance of a permanent orchestra in Melbourne; (b) to the purchase of musical instruments and copyrights; (c) to give, arrange and aid concerts, operas, musical entertainments and production in Melbourne or elsewhere; and (d) to do all such other things as the Board may consider are incidental or conducive to the attainment of the above objects or any of them.

G. In 1998 the sum of $108,688.83, being the accumulated proceeds from the fund, was paid to the University to invest for the purposes of the fund.

H. At 5 April 2005 the capital of The Lady Northcote Trust Fund was $170,205.61 and the accumulated income was $12,289.19.

It isprovide d as follows -

1. The sum of $170,205.61 and any accumulations or additions to the sum forms a fond called 'The Lady Northcote Trust Fund' ('the fond') and the fond must be paid into an investment pool and remain there until the Council directs otherwise.

2. The fond is to be administered by Council on the recommendation of a committee ('the committee') comprising -

(a) the Ormond Professor of Music, who will chair the committee; (b) two members from the faculty of Music appointed by Council; and (c) four members, who have particular interest in the objects of the fond, at least three of whom may not be employed by the University, appointed by Council.

12/12/05 The net annual income of the fund is to be used for promoting the study practice knowledge and appreciation of music in Melbourne or elsewhere and in particular but without restricting the power aforesaid -

(a) to the establishment and maintenance of apermanen t orchestra in Melbourne; (b) to the purchase of musical instruments music and copyright; (c) to give arrange and aid concerts, operas, musical entertainment and productions in Melbourne or elsewhere; and (d) to do all such other things as Council on the recommendation of the committee established pursuant to section 2, may consider are incidental or conducive to the attainment or the above objects or any of them.

[Made5/9/05. ]

12/12/05 R7.238- THE DR DAVID BICKART BEQUEST

Recitals -

A. Dr David Bickart (MBBS Melb 1915) medical practitioner late of 19Dend y Street, Brighton, Victoria who died on 3Jul y 1969 bequeathed his residuary estate to "the University of Melbourne to be used in such manner asth e Council ofthe said University in itsabsolut e discretion shall deem fit for the benefit ofthe Medical School".

B. Pursuant to the bequest the University received shares valued at $5,585,763.28 as at 5Augus t 2005an d the sum of$529,808.2 7 inNovembe r2005 .

It isprovide d asfollow s -

1. The sum of $6,115571.40 and any accumulations and additions to the fond form a fond called "The Dr David Bickart Bequest" ("the fond") and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income ofthe fond ist o be applied by Council on therecommendatio n ofthe dean ofthe faculty of Medicine, Dentistry and Health Sciences ("the dean") for the benefit of the School of Medicine which may include, but without limiting the same, teaching and research, the provision of scholarships and other financial assistance to undergraduate and postgraduate students, the provision of research fellowships, the purchase of equipment and the provision of facilities provided that before making any recommendation concerning the fond the dean must consult the Head of the School of Medicine.

3. Council may on the recommendation ofthe dean apply the capital in whole or in part for the purpose provided insectio n 2.

[Made 10/7/06]

10/7/06 R7.239-TH E NOSSAL INSTITUTE FOR GLOBAL HEALTH FUND

Recitals - A. Ata meetin g on6 Jun e 2005 Council agreed toth e establishment ofthe Nossal Institute for Global Health asa schoo l within the faculty ofMedicine , Dentistry and Health Sciences and adedicate d fund (then proposed by the faculty tob ecalle d the Nossal Institute for Global Health Foundation) to receive funds raised for the institute.Th e latter isno wt o becalle d TheNossa l Institute for Global Health Fund to more properly reflect itspurpose . B. At 17Augus t 2006 thecapita l ofthe fund was$1076.3 7 and the accrued income $112.50.

Iti sprovide d asfollow s -

1. Thesu m of $1,188.87 and any accumulations and additions toth e sum ist ofor m a fund called 'The Nossal Institute for Global Health Fund' ('the fund') andth e fund must be paid into an investment pool and remain there until Council directs otherwise. 2. Thecapita l and incomeofth e fund aret ob e applied by Council onth ejoin t recommendation ofthe director ofthe institute and the dean ofthe faculty for supporting research, education, knowledge transfer, health development and practice in medicine,dentistry , health sciences and other relatedfields s o ast o improve global health, including butno t limited to the provision of scholarships and fellowships and the support of endowed chairs. 3. Council may,o n thejoin t recommendation ofthe director and thedean , expend bothth e capital and the income ofthe fund for the purposes set out in section2 . 4. The direGtoiraTKhthe deanje«fl4 y shall- (a) ensuretha t full and proper accounts and records ofthe incomean d expenditure of the fund arekept . (b) provide anannua l reportt oCounci l on the administration ofthe fund.

[Made 11/9/06] R7.240 - THE CLEM AND NINA CHRISTESEN BEQUEST

Recitals -

A. The late Clement Byrne Christcsen OBE, OAM, Hon.DLitt (Mon.), Hon FAHA, formerly of 'Stanhope', 10 Peter Street, Eltham ('the testator') was Lockie Fellow at the University from 1966-74 and founding editor of'Meanjin'. He died on 28 June 2003 and by clause 7 of his will dated 22 December 2000 ('the will') provided inter alia:

'(c) AS TO my estate or interest (if any) in the Cottage being Lot 2 on PS 222533Q and being the whole ofthe land in Certificate of Title Volume 10142 Folio 456 and the vacant land being Lots 10, 11 and 12 on PS 11094 and being the land remaining in Certificate of Title Volume 8213 Folio 649 TO PAY the value thereof as ascertained by Sworn Valuation made by a registered Valuer appointed for that purpose and selected by my Trustee to the UNIVERSITY OF MELBOURNE for application by the said University in accordance with my instructions incorporated by reference into the provisions of this my Will and as provided to my Trustee (a copy of which is held by my solicitor LORRAINE JONES) and if at all possible to establish a fond to promote research and publication of Australian Literature and research and publication arising from the study of Russian Language and Literature to be known as the "Clem and Nina Christcsen Bequest";

(d) AS TO any Royalties accruing to me from any of my published literary works to UNIVERSITY OF MELBOURNE...

(f) AS TO any balance of my residuary estate to the UNIVERSITY OF MELBOURNE for the educational purposes thereof in the promotion of Australian Literature and Russian Studies also to be known as the "Clem and Nina Christesen Bequest.'

B. After enquiry by the University, the testator's solicitor, Lorraine Jones, advised in letters dated 30 June 2006 and 6 July 2006 that the 'instructions' referred to in clause 7(c) of the will never existed. This was confirmed by the executrix of the will ('the executrix') in a letter dated 30 October 2006.

C. The testator was predeceased by his wife, the late Nina Mikhailovna Christesen, AM, BA (Qld.), MA (Melb.) who founded the department of Russian Language Studies and died on 8 August 2001.

D. On 4 August 2005 the University received $605,000 pursuant to clause 7(c) of the will. The executrix has advised that there is no residuary estate to distribute pursuant to clause 7(f).

E. Any monies received by the University pursuant to the absolute bequest in clause 7(d) ofthe will are to be added to the fond known as 'The Clem and Nina Christesen Bequest'.

F. At 31 January 2007 the capital of 'The Clem and Nina Christesen Bequest' was $ 680,204.70 and the accumulated income was $58,599.94.

It is provided as follows -

1. The sum of $738,804.64 and any accumulations and additions are to form a fund called 'The Clem and Nina Christesen Bequest Fund' ('the fond') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The income of the fond is to be applied by Council on the recommendation of the dean of the faculty of Arts to promote research and publication of Australian Literature and research and publication arising from the study of Russian Language and Literature. Before making such recommendation the dean must consult the heads of the schools of Culture and Communication and Language and Linguistics.

3. The dean shall provide an annual report to Council or its nominee on the manner in which the fund was applied.

[Made 26/03/07] R7.241 - THE ADRIENNE CLARKE CHAIR OF BOTANY

Recitals -

A. For some years the University of Melbourne School of Botany Foundation ('the Foundation'), governed by Regulation 7.189, has sought donations for the endowment of a Chair of Botany.

B. At a meeting of the Board of Management of the Foundation ('the Board') on 18 October 2006, the Board recommended that the Adrienne Clarke Chair of Botany ('the Chair') be established and that $2 million from the Foundation, plus any further sums received from donors for the purpose of the establishment of the Chair, be applied by Council to fund the Chair.

C. The Chair is named for Professor Adrienne Clarke AC, FAA, FTSE, one of Australia's most distinguished plant scientists.

D. The University has received cash and shares to the value of $476,143.91 from the Estate ofthe late John William Maddison which, pursuant to his will dated 21 March 1963, is to be used in such manner as the governing body ofthe University deems fit.

E. At its meeting on 4 June 2007 Council resolved -

(a) to accept the recommendation ofthe Board at its meeting on 18 October 2006 that the sum of $2 million, plus any further sums received by the Foundation from donors for the purpose ofthe Chair, be applied to fund the Adrienne Clarke Chair of Botany; and

(b) that the University's interest in the Estate ofthe late John William Maddison be applied to fund the said Chair.

F. At 30 April 2007, the sum available for the transfer from the Foundation to the fund to be known as 'The Adrienne Clarke Chair of Botany' was $2,310,442.

It is provided as follows-

1. The sum of $2,786,585.91, and any accumulations and additions to the sum, forms a fund called 'The Adrienne Clarke Chair of Botany' ('the fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income ofthe fund ist o be applied towards the payment of-

(1) the remuneration ofthe professor who holds the title of 'The Adrienne Clarke Professor of Botany' ('the professor'); and

(2) the costs of the research undertaken by the professor, including without limitation, payment towards the remuneration of research staff, and the reasonable cost of research equipment.

3. The professor is appointed for such period and on such conditions as Council from time to time determines.

4. Unspent income in any year may be added to the capital ofthe fund or be retained as income to be applied in any subsequent year for the purpose ofthe fund.

[Made 4/6/07] R7.242 -THE JOHN HOLLAND ENGINEERING MANAGEMENT FUND

Recitals - A. Between 1988 and 2000, the Melbourne University Engineering Foundation raised $515,000 as a result of a limited appeal to the civil engineering industry to establish 'The John Holland Chair in Engineering Construction Management Fund' ('the fund'). The original purpose ofthe fond was to support a Chair in Engineering Construction Management in the faculty of Engineering ('the faculty'). This purpose was prompted by industry needs, a key element being that industry would be consulted from time to time as to the subject matter of programs to be conducted in conjunction with the Chair. B. In January 1992, David Young was appointed as the John Holland Professorial Fellow in Engineering Construction Management. He was regarded as the best candidate for the position; however, he was appointed a Fellow rather than to a Chair since he lacked the University background required to hold a Chair position.

C. With Professor Young's retirement due in December 2007, the University determined that it would not be practical or possible to maintain the position of Fellow or support a Chair in Engineering Construction Management. Amongst other reasons, the subject of Engineering Construction Management had become an intrinsic part of a number of subjects taught across the faculty in keeping with changes in industry needs. As a result, the University applied to the Supreme Court of Victoria for approval of a cy pres scheme and incidental orders.

D. On 3 August 2007, The Honourable Justice Bongiorno of the Supreme Court of Victoria, made orders as follows:

(1) 'Declare that- (a) the charitable trust known until now as the John Holland Chair in Engineering Construction Management Fund ("the Fund") has been performed according to the directions given and the spirit ofthe gift; but (b) the original purposes of the Fund have ceased to provide a suitable and effective means of using the Fund.

(2) The Fund is to be applied cy pres in accordance with the cy pres scheme annexed as Schedule At o this order.

(3) The costs and expenses of the Plaintiff (the University) out of and incidental to this application be paid out ofthe Fund.'

E. Schedule A to the order provided:

• 'the Fund be renamed The John Holland Engineering Management Fund; • the University is to reinvest the capital of the Fund and apply the net annual income to promote teaching and research inth e field of Engineering Management; • the University will invite members ofthe civil engineering industry practising in Engineering Management, including all donors to the Fund which remain active in the industry, to provide input as to the subject matter ofthe programmes to be supported by the Fund.'

F. At 27 August 2007, the amount ofthe fund was $1,319,232.00.

It is provided as follows-

1. The sum of $1,319,232.00, and any accumulations and additions to the sum, forms a fond called 'The John Holland Engineering Management Fund ('the fond') and the fond is to be paid into an investment pool and remain there until Council directs otherwise.

2. On the recommendation of the dean of Engineering ('the dean'), the net annual income of the fund is to be applied by Council each year to promote teaching and research in the field of Engineering Management on the recommendation ofthe dean of Engineering ('the dean').

3. To facilitate the making of recommendations to Council, the dean ist o invite members ofthe civil engineering industry practising in Engineering Management, including all donors to the fond whichremai n active inth e industry,t oprovid e inputa st oth esubjec t matter ofthe programst ob e supported byth e fund.

[Made 10/9/07/ R7.243 - THE PETER BRETT MEMORIAL LECTURE FUND

Recitals -

A. On 5 February 2007, two donors who wish to remain anonymous gave $60,000 to the University stating- '...our intention is that the income from the amount of $60,000 be used towards defraying the expenses associated with a lecture on Criminal Law or Criminal Procedure or Sentencing or Jurisprudence to be known as the Peter Brett Memorial Lecture and to be delivered in the University from time to time at a time considered suitable by the Dean ofthe Faculty of Law for the time being. We also intend that that particular use be taken to be an expression of our general intention to promote legal education in the University.'

B. The late Peter Brett was Heam Professor of Law from 1963 to 1964 and Professor of Jurisprudence from 1964 to 1975.

C. At 1 August 2007, the amount ofthe fond was $61,289.56.

It is provided as follows -

1. The sum of $61,289.56 , and any accumulations and additions to the sum, forms a fond called 'The Peter Brett Memorial Lecture Fund' ('the fond') and the fond is to be paid into an investment pool and remain there until Council directs otherwise.

2. The dean ofthe faculty of Law ('the dean') may from time to time recommend to Council that the net annual income of the fond (or any portion of it) be applied to defraying the expenses associated with a lecture in the University on Criminal Law or Criminal Procedure or Sentencing or Jurisprudence, each such lecture to be known as 'The Peter Brett Memorial Lecture'.

3. Unspent income in any year may be added to the capital ofthe fund or may, in the dean's discretion, be applied to promote legal education in the University.

[Made 10/9/07.; R7.244 - THE MYER FOUNDATION MASTER CLASS PROGRAM Recitals -

A. In 1995, the Myer Foundation made a grant of $100,000 to the Victorian College ofthe Arts ('the College') to establish a fond to finance a program of master classes to be conducted in the school of Drama at the College. Carrillo Gantner, a grandson of Sir Sidney Myer, was a key supporter of this program.

B. Since 1995 the College has applied the capital and income ofthe fond to conduct master classes by highly regarded international guest teachers.

C. At 31 December 2006,th e amount ofthe fund was $124,607.32.

D. As from 1Januar y 2007, the College ceased to exist and became a faculty ofthe University pursuant to the University of Melbourne (Victorian College ofthe Arts) Act 2006 (Vic.) ('the Act').

E. Pursuant to section 5 ofthe Act, on and from 1 January 2007: (a) the University became the successor in law ofthe College; (b) the assets and rights ofthe College were vested in the University; and (c) the liabilities and obligations of the College became liabilities and obligations of the University.

F. Pursuant to section 6 of the Act, the fund may be applied on or after 1 January 2007 as if created in favour ofthe University for a purpose ofthe University that corresponds with, or is similar to,thos e purposes ofthe College for which the Fund was created.

It is provided as follows-

1. The sum of $124,607.32, and any accumulations and additions to the sum, forms a fond called 'The Myer Foundation Master Class Program' ('the fond') and the fond is to be paid into an investment pool and remain there until Council directs otherwise.

2. Subject to clause 3, the income ofthe fond is to be applied by Council from time to time on the recommendation ofthe head of Theatre Arts at the faculty ofthe Victorian College ofthe Arts ('head of Theatre Arts') to provide master classes by international guest teachers to be conducted in the discipline of Drama at the faculty.

3. If the income in the fond is insufficient to pay for any master class recommended by the head of Theatre Arts from time to time, Council may apply the capital ofthe fund to pay for any such master class.

[Made 10/9/07.] R7.245- THE ALAN CROS E MEMORIAL FUND

Recitals -

A. In 1979, the Victorian College ofthe Arts ('the College') established a fund ('the fond') with fonds raised through a public appeal in memory ofthe life and work ofthe late Alan C Rose, who died in January 1977, aged 53. Alan Rose was the founder and managing director of Rose Music Pty Ltd which was a major contributor to the fond. During his lifetime, Alan Rose made an impressive contribution to the music industry including the provision of financial assistance for music camps and for master classes by distinguished musicians.

B. The purpose ofthe fond, as set out in a letter from Peter Murphy, the Managing Director of Rose Music Pty Ltd, to the Director ofthe College dated 29 June 1979,wa s to -

"provide income to be used for music educational purposes certified by the Victorian College of the Arts, initially specifically to provide for master teachers from overseas countries to visit Australia."

C. The fond was to be administered by the College. However, the trustees of the fond were external parties which have changed from time to time over the period of the fond. Since August 1987, the trustees have been David Rose, the son of Alan Rose, and Phillip Burn. (~. D. Since 2002, the fund has been applied to fond the Alan C. Rose Memorial Fund Project Grant awarded annually to a fourth year honours or masters student studying Music at the College.

E. At 31 December 2006, the amount ofthe fond was $356,397.84.

F. Pursuant to the Melbourne University (Victorian College ofthe Arts) Act 2006 (Vic) ('the Act'), from 1Januar y 2007 the College ceased to exist and became a faculty ofthe University.

G Pursuant to section 5 ofthe Act, on and from 1 January 2007- (a) the University became the successor in law ofthe College; (b) the assets and rights ofthe College were vested in the University; (c) the liabilities and obligations of the College became liabilities and obligations of the University.

H. Pursuant to section 6 ofthe Act, the fond may be applied on or after 1Januar y 2007 as if created in favour ofthe University for a purpose ofthe University that corresponds with, or is similar to, those purposes ofthe College for which the fund was created.

1. David Rose and Phillip Bum have agreed to retire as trustees ofthe fund and appoint the University as v trustee in their place, effective from the date of the making of this regulation, at which time the University has agreed to apply the fund in accordance with this regulation.

It is provided as follows -

1. The sum of $356,397.84, and any accumulations and additions to the sum, forms a fond called 'The Alan C Rose Memorial Fund' ('the fond') and the fund ist o be paid into an investment pool and remain there until Council directs otherwise.

2. The income of the fond is to be applied to support music education for the benefit of the Australian community which may include (without limitation) -

(1) project grants to students in the discipline of Music at the faculty ofthe Victorian College of the Arts ('the faculty'); (2) travelling scholarships; (3) supporting local organisations or individuals; or (4) funding visits by overseas musicians.

3. The income ofthe fond is to be applied by Council on the recommendation of a selection committee comprising: (1) David Rose or any person appointed by him from time totime ; (2) the head ofthe discipline of Music ('the head of Music') at the faculty; and (3) a person independent ofthe faculty but with broad knowledge in the field of music in Australia and overseas, appointed by the other members ofthe selection committee from time to time.

4. Any recommendation ofthe selection committee is to be certified by the head of Music.

5. The amount to be distributed in any year is to be determined by Council on the recommendation ofthe selection committee provided the total amount is to be no more than the sum of the net annual income and any other unexpended income inth e fond.

6. Any unexpended income in the fond in any year is to be retained as income and be available in any subsequent year for the purpose set out in section 2.

7. Council may amend the terms of this regulation from time to time provided any such amendment is made-

(1) with the approval ofthe selection committee and in accordance with the original purpose ofthe fund; or (2) pursuant to a cy pres scheme approved by the Supreme Court of Victoria or the Attorney General for the State of Victoria."

[Made 10/9/07. R7.246 - THE SAF MUSIC PROVIDENT FUND

Recitals -

A. In 1981, the school of Music at the Victorian College ofthe Arts ('the College') established a student assistance fond known as the 'SAF Music Provident Fund' ('the fund') as a vehicle for the proceeds of various public performances, workshops and master classes. The purpose of the fond was to assist students studying Music at the College with loans and grants for a range of purposes incidental to their study.

B. The proceeds of performances, workshops and master classes undertaken during the 1980s and 1990s were paid into the fond. Since 1981, the fond has been applied to provide assistance to students studying Music at the College in various ways in accordance with policies developed by the SAF Provident Fund Committee.

C. At 31 December 2006, the amount ofthe fond was $278,864.88.

D. As from 1Januar y 2007, the College ceased to exist and became a faculty of the University pursuant to the University of Melbourne (Victorian College ofthe Arts) Act 2006 (Vic.) ('the Act')

E. Pursuant to section 5 ofthe Act, on and from 1 January 2007: (a) the University became the successor in law ofthe College; (b) the assets and rights ofthe College were vested in the University; and (c) the liabilities and obligations of the College became liabilities and obligations of the University.

F. Pursuant to section 6 of the Act, the fond may be applied on or after 1 January 2007 as if created in favour ofthe University for a purpose ofthe University that corresponds with, or is similar to, those purposes ofthe College for which the fond was created.

It is provided as follows-

1. The sum of $278,864.88, and any accumulations and additions to the sum, forms a fond called 'The SAF Music Provident Fund' ('the fond'), and the fond is to be paid into an investment pool and remain there until Council directs otherwise.

2. The income ofthe fond is to be applied by Council from time to time, on the recommendation of a committee known as the 'SAF Provident Fund Committee' ('the SAF Committee'), to assist students enrolled in the discipline of Music at the faculty ofthe Victorian College ofthe Arts ('the faculty') by providing or making available loans and grants for various purposes incidental to their study in the faculty.

3. The SAF Committee is to comprise up to six members appointed by the director and dean of the faculty ('the dean') from time to time. The SAF Committee is to develop, publicise and implement policies and procedures for the distribution of the income of the fond to eligible students in accordance with section 2.

4. On the recommendation ofthe dean, Council may apply the income and capital ofthe fund for any other purpose for the benefit of the discipline of Music at the faculty or any of its students.

[Made 10/9/07.] R7.247-MELBOURNE THEATRE COMPANY CAPITAL FUND

Recitals -

A. On 7 August 2007 the Pro-Vice-Chancellor (University Relations) recommended to Council, and on 13 August 2007 Council gave in principle approval to, a proposal from Melbourne Theatre Company ('MTC') dated 23 March 2007 for a capital campaign, including the establishment of a Melbourne Theatre Company Capital Fund for the purpose of raising money to develop its new theatre, complete the renovation of its Sturt Street building and create an appropriate working environment for MTC, itsstaf f and professional creatives and other visitors.

B. By October 2012, being five years from the making of this regulation, any money remaining in Melbourne Theatre Company Capital Fund is to be added to the fond known as 'Melbourne Theatre Company Development Fund'.

C. At 1 August 2007,th e amount ofthe Melbourne Theatre Company Capital Fund was $100.00.

It isprovide d as follows -

1. The sum of $100.00, and any accumulations and additions to the sum, forms afond called 'Melbourne Theatre Company Capital Fund' ('the fond') and the fond must be paid intoa n investment pool and remain there until Council directs otherwise.

2. On the recommendation ofthe board (or itssuccessor ) of MTC ('the board'), or such sub-committee as isappointe d for that purpose by the board:

a) the capital and net annual income of the fond is to be applied by Council for such of the capital works referred to in recital A as are in its opinion for the benefit of MTC; and

b) the net annual income ofthe fond may also be applied by Council to pay or defray the reasonable costs of fund raising for the fond and the 'Melbourne Theatre Company Development Fund'.

3. By October 2012, the fond will be wound up and all money in the fond is to be transferred to the 'Melbourne Theatre Company Development Fund' for the purposes oftha tfond.

4. The board ist o report to Council annually on the administration ofthe fond.

[Made 22/10/07] R7.248- MELBOURNE THEATRE COMPANY DEVELOPMENT FUND

Recitals -

A. On 7 August 2007 the Pro-Vice-Chancellor (University Relations) recommended to Council, and on 13 August 2007 Council approved, Melbourne Theatre Company's 23 March 2007 proposal for a capital campaign, including the establishment of two University trust fonds.

B. The purpose ofthe Melbourne Theatre Company Development Fund is to further the aims and objectives of Melbourne Theatre Company ('MTC') as set out in Regulation 8.1.R 3from tim e totime .

C. At 1 August 2007, the amount of the Melbourne Theatre Company Development Fund was $400,164.00

It isprovide d as follows -

1. The sum of $400,164.00, and any accumulations and additions to the sum, forms a fund called 'Melbourne Theatre Company Development Fund' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The capital and income of the fond is to be applied by Council on the recommendation ofthe board (or its successor) of MTC ('the board'), or such sub­ committee as is appointed for that purpose by the board (or its successor), for such purposes as in itsopinio n further theaim s and objectives of MTCfrom tim e totime .

3. The board ist o report to Council annually on the administration ofthe fund.

4. If MTCcease s to exist, the capital and income ofthe fund ist o be applied byCounci l to support the development oftheatr e and theatre arts in Melbourne

[Made 22/20.07] R7.249 - THE MARIE CHAPMAN BEQUEST

Recitals -

A. In July 2003, the Victorian College of the Arts ('the College') received the sum of $755,000 from the estate ofthe late Marie Chalon Blowers Chapman, who died on 18 September 2002. Under her will, the late Ms Chapman left a one-third part ofthe residue ofhe r estatet oth e school of Music at theColleg e on the following terms - '...and it is my wish but without creating a trust that this gift be used by the SCHOOL OF MUSIC for the purposes of providing scholarships for the study of music at the absolute discretion and within the perimeters asth egovernin g body ofthe SCHOOL OF MUSIC may set from time to time and if the SCHOOL OF MUSIC elects to establish scholarships with this gift I REQUEST that such scholarships be known as the "KEITH G. CHAPMAN MEMORIAL SCHOLARSHIPS" in remembrance of my late husband and his enjoyment of music...'.

B. Upon receipt of this bequest, the school of Music elected to pay it into a fond to be known as 'The Marie Chapman Bequest' and to apply it from time to time for the benefit ofthe school of Musico r its students.

C. At31 December 2006,th e amount ofthe fond was $1,092,260.50.

D. As from 1 January 2007, the College ceased to exist and became a faculty of the University pursuant to the University of Melbourne (Victorian College of the Arts) Act 2006 (Vic.) ('the Act').

E. Pursuant to section 5ofth e Act, on and from 1 January 2007: (a) the University became the successor in law ofthe College; (b) the assets and rights ofthe College were vested in the University; and (c) the liabilities and obligations of the College became liabilities and obligations ofthe University.

F. Pursuant to section 6ofth e Act, the fond may beapplie d on or after 1 January 2007 as if created in favour ofthe University for a purpose ofthe University that corresponds with, or issimila r to,thos e purposes ofthe College for which the Fund was created. It isprovide d as follows-

1. The sum of $1,092,260.50, and any accumulations and additions to the sum, forms a fondcalle d 'The Marie Chapman Bequest' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The income and capital ofthe fund are to be applied by Council from time to time, on the recommendation ofthe head ofthe discipline of Music ('head of Music') at the faculty of the Victorian College of the Arts ('the faculty'), for the benefit of the discipline of Music atth e faculty or its students.

3. If, on the recommendation ofthe head of Music, Council determines to apply the fond to provide scholarships for students in the discipline of Music at the faculty, any such scholarships are tob eknow n as 'The Keith G Chapman Memorial Scholarships'."

[Made22/10/07. ] R7.250-THE AGNES ROBERTSON SCHOLARSHIPS FUND

Recitals -

A. By her will dated 17Jul y 1996('th e will'), the late Agnes Tait Robertson ('the deceased') directed that her residuary estate be held: '...upon trust to pay and distribute by way of gift, the net income and capital to those charitable institutions, colleges, bodies, trusts, organisations, corporations or schools, including but not limited to existing or proposed homes for aged people, nursing homes, and hostel accommodation as my Trustees shall determine and in the proportions between them which my Trustees in their discretion shall determine.'

B. The deceased died on 25 February 1998 and probate of her will was granted to Martin John O'Dell Armstrong ('the founder') on 25 May 1998b yth e Supreme Court of Victoria.

C. In accordance with the terms ofthe will, by agreement dated 6Augus t 1999 ('the 1999 agreement') between the founder and the Victorian College of the Arts ('the College'), the founder gave $250,000 to the College for the purpose of establishing scholarships for students attending the College upon terms and conditions set out inth e 1999 agreement.

D. In accordance with the terms ofthe will, by agreement dated 16 June 2006 ('the 2006 agreement') between the founder and the Victorian College of the Arts ('the College'), the founder gave a further $250,000 to the College for the purpose of establishing further scholarships for students attending the College upon terms and conditions set out in the 2006 agreement.

E. The College held these donations in afond know n as the Agnes Robertson Scholarships Fund ('the fond') and applied the income to award the scholarships subject to the 1999an d 2006 agreements.

F. At 31 December 2006,th e amount ofthe fond was $703,176.01.

G. Pursuant to the Melbourne University (Victorian College of the Arts) Act 2006 (Vic) ('the Act'), from 1 January 2007 the College ceased to exist and became a faculty ofthe University.

H. Pursuant tosectio n 5ofth e Act, on and from 1 January 2007- a) the University became the successor in law ofthe College; b) the assets and rights ofthe College were vested inth e University; c) the liabilities and obligations of the College became liabilities and obligations of the University. d) the scholarships shall be administered by the University, but otherwise in accordance with the terms and conditions towhic h they were subject immediately before that date. 1. Pursuant to section 6 ofthe Act, thefond ma y beapplie d on.o rafte r 1 January 2007 as ifcreate d in favour of the University for a purpose ofthe University that corresponds with, or is similar to, those purposes ofthe College for which thefond wa s created.

J. By agreement dated 14 September 2007 ('the 2007 agreement'), between the founder and the University, the parties confirmed the application ofthe 1999 agreement and the 2006 agreement and agreed to make consequential amendments to those agreements to assist with the administration ofthe fond in future. Apart from those consequential amendments, the pre-existing terms and conditions governing the scholarships remain the same, including the requirements set out in section 8o fthi s regulation.

K. In accordance with the 2007 agreement, Council has amended the terms and conditions governing the scholarships to provide for the University taking over the administration of scholarshipsfrom 1 January 2007.

It isprovide d as follows -

1. The sum of$703,!76.0l, and any accumulations and additions to the sum, forms afond calle d 'The Agnes Robertson Scholarships Fund' ('the fund') and the fond must be paid into an investment pool and remain there until Council directs otherwise. 2. Subject to section 9, the income of the fond is to be applied to award five scholarships ('the scholarships', or 'scholarship' in reference to any one of them) to be awarded to students attending the faculty ofthe Victorian College ofthe Arts("th e faculty') tob e known as -

(1) The Agnes Robertson Scholarship for Painting ('the Painting Scholarship'); (2) The Agnes Robertson Scholarship for Piano ('the Piano Scholarship'); (3) The Agnes Robertson Foundation Program Scholarship ('the Foundation Scholarship'); and (4) for the remaining two scholarships,Th e Agnes Robertson Undergraduate Entry Scholarship for Dance and The Agnes Robertson Undergraduate Entry Scholarship for Production ('the Undergraduate Scholarships').

3. The purpose ofthe Painting Scholarship is to provide a student undertaking a bachelor of Fine Arts (Painting) course at the faculty with some financial support for the normal duration of the course, plus an honours year ifapplicable . Only one Painting Scholarship will be tenable at any one time.

4. The purpose of the Piano Scholarship is to provide a student undertaking a bachelor of Music Performance (Piano) course at the faculty with some financial support for the normal duration of the course, plus an honours year if applicable. Only one Piano Scholarship will be tenable at any onetime .

5. The purpose ofthe Foundation Scholarship is to assist talented students in their Foundation Year in any discipline at the faculty to overcome barriers to university education by alleviating some ofthe costs associated with higher education course of study. It ist ob e offered each year.

6. The purpose ofthe Undergraduate Entry Scholarships is to assist a talented first-year student in the discipline of Dance at the faculty, and a talented first-year student in the discipline of Production at the faculty, to overcome barriers to university education by alleviating some ofthe costs associated with ahighe r education course ofstudy . They are to beoffere d each year.

7. A common purpose of all the scholarships is to provide sufficient funds for awardees to meet any up-front Higher Education Contribution Scheme fees or similar contribution to tuition fees ('the tuition fees') and to provide in addition an amount to assist awardees to meet the cost of materials, travelling and other expenses associated with their respective courses. The scholarships are not intended to meet the foil cost to awardees of completing their degree at the faculty. That part of each scholarship amount required to meet the tuition fees will be paid directly to the faculty.

8. The scholarships are open only to applicants who have completed the final two years of their secondary school education in an Australian State orTerritor y and who-

(1) are Australian citizens;o r

(2) in the case of the Painting Scholarship and the Piano Scholarship, have resided in Australia for the previous four years;o r

(3) in the case of The Foundation and Undergraduate Scholarships, are permanent residents of Australia.

9. The value of each scholarship ('the designated value') is to be determined by Council on the recommendation of the director and dean of the faculty ('the dean'). It is intended that only the income ofthe fond is to be applied to the scholarships. However, where in the absolute discretion of Council, it is deemed that the income of the fond is insufficient to meet the needs of any awardee, Council has the right at any time and from time to time to apply such part ofthe capital of thefond a s itshal l deem fit to meet the spirit and intention ofthe scholarships.

10 Each scholarship is to be awarded by Council on the recommendation of a selection committee. For the Foundation Scholarship,th e selection committee ist ocompris e a head of discipline and two other academic staff at the faculty appointed by the General Manager of the faculty. For the other scholarships, the selection committee in each case is to comprise the relevant head of discipline at the faculty ('the head ofdiscipline' ) and two further members appointed by the head of discipline.

11. The selection committee in each case is to make its recommendation by reference to the following criteria -

(1) artistic merit, asdemonstrate d by a portfolio of most recent work or performance;

(2) academic merit, asdemonstrate d by previous academic achievement;

(3) career aspirations;an d

(4) likely success incompletin g the proposed course ofstudy .

12. If so recommended by the selection committee in the case of any scholarship, Council may in any such case -

(1) decline toawar d the scholarship;o r

(2) apply an amount up to the designated value to make one or more minor awards, aswel l aso r in placeofth e scholarship, to eligible candidates in accordance with this regulation.

13. If Council declines to award less than the designated value for any scholarship in any year, the amount remaining ist o be retained and available to be applied to supplement the value ofthe same scholarship inan y subsequent year.

14. At least until 31 December 2012, the dean is to submit to the founder regular reports ofthe performance of the University's Investment Management Committee in managing the fond and provide to the founder general information as to the scholarship awardees and their progress or performance.

15. If so recommended by the dean. Council may amend this regulation and any other terms and conditions applying to any scholarship, as provided in the 2007 agreement, in order to ensure that the University continues to meet the specified purpose of each scholarship asse t out in sections 3t o 7.

[Made22/10/2007 ] R7.251 - MILDURA ALUMNI SCHOLARSHIPS FUND

Recitals -

A. On 17 May 1947 at a former RAAF base, the all-residential Mildura campus of the University was established, offering courses in the faculties of Architecture, Engineering, Dental Science, Medicine and Science. The campus continued to exist until 1949,an d was commemorated in 1987 by the unveiling of a plaque by Professor Emeritus Sir Douglas Wright.

B. On 28 April 2005, 170 Mildura campus alumni celebrated the former Mildura campus, and the Mildura Alumni Scholarships Committee was formed for the purpose of establishing an appeal to Mildura campus alumni for a fund to provide scholarships to students from the Mildura region intending to study at the University.

C. It isexpecte d that thefond wil l be augmented in the future from time to time.

D. At 17Septcmber2007,theamountdfthefondwas$141,4l4.52.

It isprovide d as follows-

1. The sum of $141,414.52, and any accumulations and additions to the sum, forms a fund called 'The Mildura Scholarships Fund' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income, of the fond is to be used to provide one or more scholarships of up to $5,000 each, to be known as 'The Mildura Alumni Scholarship', and to be awarded by Council on the recommendation of the Manager, Undergraduate Scholarships (or such other equivalent staff member as is appointed by the University for that purpose from time to time), to students who-

a) have both attended school and resided within a 250 km radius of the G.P.O at Mildura for not less than 12month s preceding the date of their initial application for the scholarship, b) qualify for entrance toth e University, and c) require assistance with the expenses of moving to Melbourne, living expenses during their course, ortuitio n fees. 3. A scholarship may be awarded to a student for each year ofthe ordinary term of the degree inwhic h he or she isenrolle d at the University.

[Made22/10/2007 ] R7.252 - THE CHOREOGRAPHIC DEVELOPMENT FUND

Recitals -

A. In 2000, the Victorian College ofthe Arts ('the College') established a fond in order to hold box office takings from public performances produced from time to time by students in Dance. The primary purpose of the fond was to pay for contemporary choreography for student performances (including the choreographic fees, travel and accommodation expenses of international or Australian guest choreographers) and to support choreographic development by students.

B. At 31 December 2006,th e amount of the fond was$112,131.53 .

C. As from 1 January 2007, the College ceased to exist and became a faculty of the University pursuant to the Melbourne University (Victorian College of the Arts) Act 2006 (Vic.) ('the Act').

D. Pursuant to section 5ofth e Act, on and from 1 January 2007: (a) the University became the successor in law ofthe College; (b) the assets and rights ofthe College were vested in the University; and (c) the liabilities and obligations ofthe College became liabilities and obligations ofthe University.

E. Pursuant to section 6 ofthe Act, the fond may be applied on or after 1 January 2007 as if created in favour ofthe University for a purpose ofthe University that corresponds with, or is similar to, those purposes ofthe College for which the Fund was created.

It is provided as follows-

1. The sum of $112,131.53, and any accumulations and additions to the sum, forms afond called 'The Choreographic Development Fund' ('the fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income ofthe fond is to be applied by Council from time to time on the recommendation ofthe head ofthe discipline of Dance ('head of Dance') at the faculty ofthe Victorian College ofthe Arts ('the faculty') primarily to-

(1) pay for contemporary choreography for performances by students in the discipline of Dance at the faculty ('Dance students'), including the choreographic fees, travel and accommodation expenses of international or Australian guest choreographers; or

(2) support choreographic development by Dance students.

3 If recommended by the head of Dance, the net annual income ofthe fund may be applied for any other purpose for the benefit of the discipline of Dance at the faculty or any Dance students in relation to their studies in the faculty.

4. Any further funds raised from public performances produced by Dance students may be added to the capital ofthe fond from time to time.

[Made 10/12/07] R7.253-K M CHRISTENSEN AND EA BOND BEQUEST

Recitals -

A. In March 1998, the Victorian College ofthe Arts ('the College') received $500,000, and in February 2000 a further $23,549.30, pursuant to the will ofthe late Arthur Edwin Bond who died on 23 January 1984. Under his will, the late AE Bond gave most of his net residuary estate on trust to pay the net income to his partner, Colonel Keith McMillan Christensen, during his life, and from his death:

'3....UPON TRUST as to as well the capital as the income ofthe said residue (but subject to the next succeeding clause) to pay or transfer the same to the VICTORIAN COLLEGE OF THE ARTS of 234 St. Kilda Road Melbourne in the said State to be held by such College as a fond in perpetuity to be known as the "K.M. Christensen and E.A. Bond Bequest" UPON TRUST to invest the same in or upon the security of such investments as may from time to time be determined by the Council ofthe said College AND to pay or apply the income therefrom or so much thereof as the said Council shall think fit in any one year for the benefit ofthe School of Dance such income to be used for any one or more of the following purposes namely the purpose of providing incentive to and to promote the attainment of excellence of performance in and appreciation ofthe art of classical ballet by bringing to Australia guest teachers of and artists in classical ballet of established international repute for the purpose of • instructing students of the School of Dance in the art of Dance and/or choreography and/or choreograph works for such students or for use or application in whole or in part in or towards the construction and equipment of a building for use as an adequate and permanent theatre for the production and performance of ballet and/or for the training of students of the School of Dance in the performance and production of classical ballet AND the said Victorian College of the Arts is hereby expressly empowered to accumulate any surplus income accruing in any year or from year to year at compound interest by investing the same and the resulting income as an accretion to the capital of my said residue during such period as may from time to time be permissible by law and with power also to apply such accumulations as if the same were income of the • then current year AND I DIRECT that the receipt of the Secretary Treasurer or other proper officer for the time being of the Victorian College of the Arts shall be a good and sufficient discharge to my trustees in respect ofthe payment over or transfer ofthe said residue AND that my trustees shall be under no obligation to see to the application of the said residue by the said Victorian College of the Arts in accordance with the trusts hereinbefore contained.

4. Should the said School of Dance be disbanded or discontinued or should its objects and purposes be altered in such manner that the teaching ofthe art of classical ballet ceases to be a primary object or purpose of the said School then in that event the trust created by the preceding clause shall cease and determine AND in lieu thereof the capital and income ofthe said residue and the assets and investments representing the same and all the monies thereof shall be paid over and transferred to the Council ofthe Trustees ofthe National Gallery of Victoria....'

B. KM Christensen died on 24 August 1996. Distribution ofthe residuary estate was delayed as a result of a claim by the National Gallery of Victoria ('NGV') which was subsequently withdrawn. The NGV had contested the entitlement of the College on the grounds that teaching of the art of classical ballet had ceased to be a primary object or purpose of the school of Dance at the College.

C. The College established a trust fond with this bequest and has applied the accumulated income from time to time to pay for the cost of visiting choreographers and teachers of classical ballet.

D. At 31 December 2006, the amount ofthe fond was$806,425.11 . E. As from 1 January 2007, the College ceased to exist and became a faculty ofthe University pursuant to the Melbourne University (Victorian College ofthe Arts) Act 2006 (Vic.) ('the Act').

F. Pursuant to section 5ofth e Act, on and from 1 January 2007: (a) the University became the successor in law ofthe College; (b) the assets and rights ofthe College were vested in the University; and (c) the liabilities and obligations ofthe College became liabilities and obligations of the University.

G. Pursuant to section 6 of the Act, the fond may be applied on or after 1Januar y 2007 as if created in favour ofthe University for a purpose ofthe University that corresponds with, or issimila r to, those purposes ofthe College for which the fond was created.

It is provided as follows-

1. The sum of $806,425.11, and any accumulations and additions to the sum, forms a fund called the 'KM Christensen and AE Bond Bequest'('the fond') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income of the fond may be applied by Council from time to time on the recommendation ofthe head ofthe discipline of Dance ('head of Dance') at the faculty of the Victorian College ofthe Arts ('the faculty') to pay for any one or more ofthe following in order to provide incentive to and to promote the attainment of excellence in performance in, and appreciation of, the art of classical ballet:

(1) bringing to Australia guest teachers of, and artists in, classical ballet of established international repute for the purpose of instructing students ofthe discipline of Dance at the faculty in the art of dance and/or choreography and/or of choreographing works for such students; or (2) for or towards the construction and equipment of a building for use as an adequate and permanent theatre for the production and performance of classical ballet and/or for the training of students of the discipline of Dance at the faculty in the performance and production of classical ballet.

3. Any accumulated net annual income may be retained as income or added to capital. Any accumulated income which has been added to capital and any income derived therefrom may be available for distribution in any year for either ofthe purposes prescribed in section 2.

[Made 10/12/07] R7.254 - THE NATHAN AND PAMELA JACOBSON FUND

Recitals -

A. In October 2007, Nathan Jacobson O.B.E. LLB (Melb.), Company Director, of 85/546 Toorak Rd, Toorak, donated $25,000 to establish a fond for the dual purposes of an annual lecture in the names of him and his wife, and advancing the interests of the Melbourne Law School generally.

B. At 22 October 2007 the fond amounted to $25,000.

It is provided as follows -

1. The sum of $25,000, and any accumulations and additions to the sum, forms a fond called 'The Nathan and Pamela Jacobson Fund' ('the fund') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income ofthe fund is to be applied by Council on the recommendation ofthe dean ofthe Melbourne Law School ('the dean'), for the costs associated with an annual lecture in the University on a subject determined by the dean, to be known as 'The Nathan and Pamela Jacobson Lecture', the first such lecture to take place in 2008, and to advance the interests ofthe Melbourne Law School generally.

3. In each year any net annual income not spent on the purposes set out in section 2 may be added to the capital ofthe fond.

4. If so recommended by the dean, both the capital and the net annual income ofthe fond may be used for either or both ofthe purposes set out in section 2, even if the fond does not therefore continue in perpetuity.

[Made 10/12/07.; R7.255 - THE PEGGY VAN PRAAGH CHOREOGRAPHIC FUND

Recitals -

A. In September 2006,th e Victorian College ofthe Arts ('the College') received a bequest of $75,000 from the estate of the late Dame Peggy Van Praagh, founding artistic director ofthe Australian Ballet, who died in 1990 following a distinguished career in ballet as a dancer, teacher, choreographer, producer, artistic director and mentor. The bequest was made to the College pursuant to a requirement in the will that the recipient have 'as one of its aims the teaching and development ofthe art of choreography'. The will also specified that the bequest 'endow the fond to be known as the "Peggy Van Praagh Choreographic Fund'".

B. The College paid the bequest into a fond known as 'The Peggy Van Praagh Choreographic Fund' ('the fond') to be applied in accordance with the will.

C. At 31 December 2006, the amount ofthe fund was $ 83,423.67.

D. As from 1 January 2007, the College ceased to exist and became a faculty of the University pursuant to the Melbourne University (Victorian College of the Arts) Act 2006 (Vic.) ('the Act')

E. Pursuant to section 5ofth e Act, on and from 1 January 2007: (a) the University became the successor in law ofthe College; (b) the assets and rights ofthe College were vested in the University; and (c) the liabilities and obligations of the College became liabilities and obligations ofthe University.

F. Pursuant to section 6 ofthe Act, the fond may be applied on or after 1 January 2007 as if created in favour ofthe University for a purpose ofthe University that corresponds with, or is similar to, those purposes ofthe College for which the Fund was created.

It is provided as follows-

1. The sum of $83,423.67, and any accumulations and additions to the sum, forms a fund called 'The Peggy Van Praagh Choreographic Fund' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The income of the fond is to be applied by Council from time to time on the recommendation of the head of Dance ('head of Dance') at the faculty of the Victorian College of the Arts towards the teaching and development of.the art of choreography."

[Made 10/12/07.] R7.256 - THE KATHARINE ELLIS MEMORIAL FUND

Recitals-

A. The late Katharine Rosemary Butler (nee Ellis),formerl y of 7Hardin g Street Portarlington in Victoria, volunteer ('the testatrix'), who died on 4 November 2006, by her will dated 28 March 2006 ('the will') provided-

'...4(0 to pay the sum of FIFTY THOUSAND DOLLARS ($50,000.00) to the CONSERVATORIUM OF MUSIC at Melbourne University for the purpose of the promotion of music for the encouragement of young Australian pianists with such fund to be known as "The Katharine Ellis Memorial Fund" and to be administered by the Council ofthe University of Melbourne. (g) to pay the remaining monies ...PROVIDE D however that if there are any funds then remaining after the aforesaid payments are made then I DIRECT that such funds are to be paid to the Conservatorium of Music at Melbourne University to form part ofthe funds to be used for and known as"Th e Katharine Ellis Memorial Fund"i n accordance with the preceding sub-paragraph ofthi s my last Will and Testament...'

B. On or about 3 December 2007 the University received the sum of $50,000.00 pursuant to clause 4 (f) ofthe will, and $11,004.96 being the total of its entitlement pursuant to clause4 (g)ofth e will and accrued interest.

C. The Conservatorium of Music ('the Conservatorium') was established at the University on 19Jul y 1894 with a mandate to provide practical instruction in music and prescribe acours e of study for the diploma of Musical Associate. In 1926 the faculty of Music ('the faculty') was established, and thereafter teachers were appointed in the Conservatorium by Council after consultation with the faculty. On .8 April 1975 Statute 2.15 - The University Conservatorium of Music - was repealed and a new statute substituted. The new statute recited that 'The purposes for which the conservatorium was established are now carried out by the faculty of Music' Section 1 provided that 'Practical instruction in Music in the University shall be undertaken under the authority ofthe faculty of Music'

D. At 10 June 2008,th e amount ofthe fund was$61,233.47 .

It isprovide d as follows-

1. The sum of $61,233.47, and any accumulations and additions to the sum, forms a fund called 'The Katharine Ellis Memorial Fund' ('the fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The net annual income of the fund is to be applied by Council for the purpose of the promotion of music for the encouragement of young Australian pianists, on the recommendation ofthe dean ofthe faculty.

[Made 14/07/08.] R7.257 -THE UNIVERSITY OFMELBOURN E FRENCH TRUSTFUN D

Recitals-

A. By letter dated 18Ma y 2006 the University commenced an appeal for a recently established fund called 'The University of Melbourne French Trust Fund', the dual objectives of such fund beingto -

(1) facilitate and promote research and teaching associated with France and other French-speaking countries;an d

(2) promote French-Australian relations.

B. Theappea l brochure said itwa s intended the fund would-

(1) support exchange programs for members of staff and for students enrolled in higher research degrees;

(2) provide post-doctoral fellowships;

(3) support an increase in academic and other visitors;

(4) encourage research initiatives that will promote French-Australian relations;

(5) provide support for seminars,conferences , special lectures and lecture series;an d

(6) fund other initiatives consistent with theobjective s of the fund.

C. At 18Apri l 2008,th e amount ofthe fond was$34,201.56 .

It is provided as follows-

1. The sum of $34,201.56, and any accumulations and additions to thesum , forms a fund called 'The University of Melbourne French Trust Fund' ('the fund') and the fond must be paid intoa n investment pool and remain there until Council directs otherwise.

2. The capital and net annual income ofthe fund is to be applied by Council from time totim e on the recommendation of the dean of Arts ('the dean') to facilitate and promote research and teaching associated with France and other French-speaking countries and to promote French-Australian relations.

This includes-

(1) to support exchange programs for members of staff and for students enrolled in higher research degrees;

(2) to provide post-doctoral fellowships;

(3) to support an increase in academic and other visitors;

(4) to encourage research initiatives that will promote French-Australian relations;

(5) to provide support for seminars, conferences, special lectures and lecture series;an d

(6) to fund other initiatives consistent with theobjective s ofthe fund.

3. Thedea n may appoint acommitte e to advise in relation toexpenditur e from the fund.

4. Thecost s incurred infondraising ar e not payablefrom th e fund. Unspent income in any yearma y beadde d to the capital ofthe fund, or be retained as income to beapplie d in any subsequent year for the purpose ofthe fund.

6. The dean must-

(1) ensure that full and proper accounts and recordsofth e income and expenditure of the fund are kept;an d

(2) provide an annual report to Council on the administration ofthe fund.

[Made14/07/08. ] R7.258- THE HAASZ FAMILY FUND

Recitals-

A. On 9 April 2008,Joh n Haasz BSc (Hons) (ANU), BSc (Hons) (Melb.) ('the donor') donated the sum of $100,000.00.

B. In 2006 John Haasz completed the degree of bachelor of Science with honours, under the supervision of Dr A. Melatos ('Melatos'), in the Astrophysics Group ('the Group') in the School of Physics ('the school'). The donor has expressed the expectation that thefond wil l be applied for the benefit ofthe group in which Melatos works,currentl y theGroup .

C. The University has received written acknowledgment from the donor that the entire fund may beexpende d over his lifetime, for example over aperio d not greater than 20years .

D. At 30 May 2008,th e amount ofthe fund was $100,572.60.

It isprovide d as follows-

1. The sum of $100,572.60, and any accumulations and additions to the sum, forms a fund called 'The Haasz Family Fund' ('the fund') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. The capital (up to a maximum of $20,000.00 per year, such sum to be indexed each year in accordance with the Consumer Price Index) and the net annual income ofthe fund is to be applied by Council from time to time to support the research and educational activities of students and academics in the school of Physics, on the recommendation of the head of the school ('the head'). Whilst Melatos remains with the school, before making any such recommendation the head must consult Melatos.

3. The fund may be used for the purpose expressed in section 2 including, but without limitation-

(1) travel grants for students and staff to.atten d conferences or spend time at overseas institutions;an d

(2) bringing academics from interstate oroversea s to the school.

4. Thefond ma y not beuse d tosuppor t the purchase of capital equipment or infrastructure.

5. Unspent income in any year may beadde d to the capital ofthe fund, or beretaine d as income to beapplie d in any subsequent year for the purpose ofthe fund.

6. If at any time the University determines that it is impossible or impracticable to carry out the purpose or purposes for which the fund is established, then it may apply the income, and where necessary the capital, ofthe fond for such purpose or purposes as it determines most closely accords with the purpose originally specified by thedonor .

[Made 14/7/08/ R7.259-THE COLIN AND MAVIS LAING FELLOWSHIP FUND

Recitals- Ay In February 2008, Dr Colin Laing MBBS (Melb.) ('the donor') donated the sum of $250,000.00 to establish 'The Colin and Mavis Laing Research Fellowship' ('the fellowship'). The donor intends to make abeques t in hiswil l toth e University to augment the fund.

B. The donor graduated MBBS (Melb.) in 1939 and became a resident medical officer at The Alfred Hospital. Following service in the medical division ofthe RAAF from 1942 to 1946,h e entered private radiological practice. After his retirement from medical practice in 1984, he became a part-time senior lecturer in the University's department of Radiology, where he remained until his 90th birthday in 2007.Th e Colin Laing Undergraduate Film Library isname d after him.

C. The fellowship is named in memory of the donor, and his late wife Mavis who was bom in Bendigo and died in 1995.

D. At 17Jul y 2008,th e amount ofthe fond was$253,784.96 .

It isprovide d as follows-

1. The sum of $253,784.96, and any accumulations and additions to the sum, forms a fund called 'The Colin and Mavis Laing Fellowship Fund' ('the fund') and thefun d must bepai d into an investment pool and remain there until Council directs otherwise.

2. The net annual income ofthe fund ist ob eapplie d by the University-

(1) towards the remuneration, including provision for his or her retirement, of 'The Colin and Mavis LaingFellow ' ('the fellow') appointed toth e fellowship; and

(2) if there is sufficient income available, towards the provision of such support staff and equipment as 'The Edgar Rouse Professor of Radiology' who holds the chair established by Regulation R7.214 ('the professor') considers appropriate.

3. The fellow ist o be appointed by the University on the recommendation ofthe professor for an initial term of oneyear , and then further appointments may bemad e by the Universityo n the recommendation of the professor for such further term or terms as the professor may decide. When making appointments, the professor may seek such guidance and advice ash e orsh e deems appropriate.

4. Subject to section 2, the appointment ofthe fellow will be on such terms and conditions as the professor determines provided those terms are not inconsistent with the normal terms and conditions applying to fellows ofthe University from time totime .

5. If the net annual income is insufficient to pay the fellow in accordance with section 2, the professor may seek funds from other sources to supplement those payments, but the capital ofth e fund may not beutilised .

6. If in any year the University on the recommendation of the professor decides not to award the fellowship because either-

(1) there isn o suitablecandidate ;o r (2) for any reason the net annual income in that year is insufficient to make an appointment,

the net annual income may be retained as income to be used for the purposes ofthe fund in subsequent years, or may be used in that year for such research within the department of Radiology (or its successor or equivalent academic unit) as is determined by the professor, provided the names ofColi n and Mavis Laing are appropriately commemorated.

7. Any net annual income not spent pursuant to sections 2 or 6 may be added to the capital of the fond, or be retained as income to be applied in any subsequent year for the purposes of thefond.

8. The work undertaken by the fellow is to beunde r thegenera l direction ofthe professor, and the fellow must provide to the professor or otherwise as may be required by the University on aregula r basis,suc h reports and information asth e professor may reasonably request.

9. If atan y time after the expiration of 10year sfrom th e death ofthe donor, the professor with the advice of the University considers that is it impossible or impracticable to continue to award the fellowship, the University may apply the net annual income ofthe fond and when necessary the capital of the fond for such research purposes within the department of Radiology (or its successor orequivalen t academic unit) as the University and the professor may deem appropriate tocommemorat e the names ofColi n and Mavis Laing.

[Made 01/9/08.] R7.260- THE URSULA HOFF BEQUEST

Recitals-

A. The late Dr Ursula Hoff AO, OBE, LLD, PhD (Hamburg), DLit (Monash), DLitt, formerly of 678 Canning Street, North Carlton, Victoria, retired gallery director ('the testatrix'),wh o died on 10Januar y 2005,b y her will dated 8Jun e200 1 ('the will') provided- '4.1 GIVE DEVISE AND BEQUEATH all of my real property and the residue ofm y personal property of whatsoever nature and wheresoever situate unto my Trustee UPON TRUST...

(a) to pay to the UNIVERSITY OF MELBOURNE the sum of $600,000-00 (hereinafter called "the capital sum" which expression shall include any accretions thereto) [and I DECLARE that the receipt of the Vice-Chancellor or Registrar for the time being is a sufficient discharge to my Trustee] for the purpose of creating the URSULA HOFF BEQUEST in The Ian Potter Museum of Art at the University of Melbourne to establish an Internship for the study and promotion of prints held in the print collection of the University of Melbourne and theNationa l Gallery ofVictoria . It ism y wish that:

(1) a Bequest Committee be established consisting ofthe Director of TheIa n Potter Museum of Art at the University of Melbourne, my Trustee or his' nominee and the Senior Curator of Prints of the National Gallery of Victoria.

(2) the Bequest Committee be responsible for awarding an annual Internship to a post graduate student who has completed a Master of Fine Arts degree at a recognised Australian university. The Bequest Committee will advertise the Internship annually by whatever means it considers appropriate. If inan y year inth e opinion ofthe Bequest Committeether e is no suitable candidate the Internship will not be awarded but in the following year, funds permitting, two Internships may be granted in the discretion of the Bequest Committee.

(3) the annual Internship be funded by interest or other income generated by the investment of the capital sum. In order to preserve the value of the capital sum there shall be added toth e capital sum annually on3 0Jun ea n amount equal to the increase in the Consumer Price Index for Melbourne on the capital sum for the year ending on the immediately preceding 31 March. The balance ofthe income for the year ending on 30 June ineac h year shall be used to fund the Internship in the following calendar year but the Bequest Committee shall not award an Internship if the amount to be awarded isgreate r than thebalanc e ofthe income. In all other respects the conditions of Internship (including the duration of each and the amount to be paid) shall be in the sole discretion of the Bequest Committee.

(4) the Bequest Committee will support the presentation of the Intern's research in an appropriate forum.

(5) applicants for an Internship must display a commitment to research into prints, to the history of print collecting and to the scholarly activities of museums and universities.

(6) where members of the Bequest Committee are not in unanimous agreement the decision ofthe majority shall prevail.

(7) decisions of the Bequest Committee not be called into question by any person and shall not beappellable .

If at any time and for whatever reason it becomes impractical or impossible for the University to continue to apply the fund for the purposes directed by mei n this Will, then the University Council may apply the income of the fond and, where necessary, the capital sum, for such other purpose or purposes as the University Council determines are most closely in accordance with my directions...'

B. The testatrix was formerly astaf f member inth e department ofFin e Arts.

C. In November 2007 the University received $600,000.00 in satisfaction of the bequest from the estate of the testatrix.

D. In an email dated 9 April 2008 the director ('the director') ofthe Ian Potter Museum of Art ('the Potter Museum'), after consulting Graham Hartley Ryles,th e trustee ofthe estate ofthe testatrix ('the trustee'), advised that, inter alia, to adhere to the eligibility requirements expressed by the testatrix inclaus e4 (a)(2 ) ofthe will asa wis h -

(1) would significantly restrict the pool of eligibleapplicants ; and

(2) applicants with a master of Arts and a demonstrable commitment to the study and promotion of printsshoul d beeligible .

He further advised by email dated 5Jun e200 8 that-

(1) 'Fine Arts' once referred to the academic study of the history of art, but now generally refers to thenarrowe r activity ofthe making of art;

(2) he knows of no Australian university offering studies in the history of art using the title 'Fine Arts';an d

(3) Most museums would view a master of Fine Arts intern as an artist-in-residence rather than ascholarl y researcher.

E. Pursuant to section 39(1)ofth e Melbourne UniversityAc t 1958,i f it considers itexpedien t to do so, Council adds a portion of the income of the pooled trust funds to the capital of the pooled funds, and accordingly it isno tnecessar y to make the addition to capital requested by the testatrix in clause 4(a)(3) ofthe will in order to preserve the capital value ofthe bequest. Similarly, the calculation of income for all University trust funds is made at 31 December each year, and accordingly the income from this bequest will be calculated on that date in lieu ofthe 30 June date requested byth e testatrix.

F. At 18Jul y 2008,th e amount ofthe fund was $603,136.40.

It is provided as follows-

1. The sum of $603,136.40, and any accumulations and additions to the sum, forms a fund called 'The Ursula Hoff Bequest' ('the fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. Subject to section 5(2), the net annual income ofthe fund is to be used to provide an annual internship to be called 'The Ursula Hoff Internship' ('the internship') for the study and promotion of prints held in the print collections ofthe University and theNationa l Gallery of Victoria.

3. For the reasons set out in recital D, until the further determination of the University, the internship is to be awarded to a post graduate student who has completed either a master of Fine Arts degree, or a master of Arts degree in the discipline of Art History, at a recognised Australian university.

4. In accordance with the express wish of the testatrix, until the further determination of the University, each applicant for the internship must display a commitment to research into prints, to the history of print collecting and to the scholarly activities of museums and universities.

5. In accordance with the express wish of the testatrix, until the further determination of the University-

(1) the internship is to be awarded by a bequest committee ('the committee') comprising -

(a) the director ofthe Potter Museum;

(b) thetruste e or hisnominee ;an d

(c) the senior curator ofprint softh e National Gallery ofVictori a and where members ofthe committee are not in unanimous agreement the decision of the majority is to prevail. Decisions of the committee may not be called into question by any person and areno t appellable.

. (2) the committee -

(a) must advertise the internship annually by whatever means it considers appropriate;

(b) may in any year decline to award the internship if there is no suitable candidate, and in the following year funds permitting, may award two internships;

(c) ist o support the presentation ofthe research ofthe intern in an appropriate forum; and

(d) in all other respects may, in its sole discretion,' decide the conditions of the internship, including the duration and amount to bepaid .

6. If at any time and for whatever reason it becomes impractical or impossible for the University to continue to apply the fond for the purposes directed in the will, then Council may apply the incomeofth e fund and, where necessary the capital, for such other purposeo r purposes as Council determines are most closely in accordance with the directions of the testatrix."

[Made 1/9/08] R7.261- THE JOHN MCKENZIE FELLOWSHIPS

Recitals-

A. In April 2008, the University launched a limited appeal ('the appeal') for a fund 'To acknowledge the outstanding contribution made to the University of Melbourne by Professor John McKenzie FAA Deputy Vice-Chancellor (Research) and to mark his retirement...' The purpose of the fond is to provide fellowships ('the fellowships') in the faculty of Science ('the faculty').

B. The fellowships are named for Professor John McKenzie, an internationally-renowned geneticist who has researched the population genetics of insecticide resistance. Professor McKenzie joined the University in 1977 and was awarded a personal chair in 1994. He became dean ofthe faculty in 1998 after serving as head ofthe department of Genetics, and at his retirement in 2008 was deputy vice-chancellor (research). He is a fellow of the Australian Academy of Science and has served on the Council of the Academy as Secretary (Education and Public Awareness) where he fostered science education in primary schools.

C. At 8 August 2008 the sum of $116,182.27 had been raised by the appeal. As the appeal progresses the fund will beaugmente d from timet otime .

D. At 8Augus t 2008,th e amount ofthe fund was$117,803.45 .

It is provided as follows-

1. The sum of $117,803.45, and any accumulations and additions to the sum, forms a fund called 'The John McKenzie Fellowships' ('the fond') and the fond must be paid into an investment pool and remain there until Council directs otherwise.

2. Subject to section 5,th e net annual income ofthe fund ist o be applied by the University-

(1) towards the remuneration, including superannuation, of one or more fellows each to be called 'John McKenzie Fellow' ('the fellows') inth e faculty; and

(2) if there is sufficient income available, towards the provision of such further sums as the University on the recommendation of the dean of the faculty ('the dean') considers appropriate to enable the fellows to fulfil the terms of their appointment including, but not limited to,th e purchase of equipment and the payment of expenses of attending conferences for the purpose ofthei r research.

3. The eligibility criteria for theawar d ofthe fellowships are to be determined by the dean from time totime .

4. The appointment of each fellow is to be on such terms as the University, on the recommendation ofthe dean, determines.

5. If there are not sufficient suitable candidates in any year or if for any other reason there is unspent income in any year, such income may be retained as income to be used for the purposes ofthe fund in subsequentyears ,o r may beadde d to the capital ofthe fund.

6. The fellows must provide such reports and information on a regular basis as the University may reasonably request.

[Made1/9/08 ] R7.262— The Altajir Lectureship In Middle East And Islamic Studies

Recitals-

A. In or about April 1995, the Altajir Trust of 33 Thurloe Place London in the United Kingdom ('donor') donated the sum of £200,000, which the University advised would represent approximately one half of the estimated total cost of endowing a lectureship at the University.

B. The donor confirmed in a fax dated 25 February 1995 '...that a new post will be established for 'Middle East & Islamic Studies'. This will cover historical and contemporary affairs, but notheological , linguistics or language studies...'

C. The donor then indicated in a fax dated 10 July 1995 that '...this Trust's donation to Melbourne University represents about half the cost of setting up this permanent post in the Department of History. It is our intention that this capital sum be used in the setting up and meeting expenses properly incurred in staffing and/or running the lectureship. Such expenditure will bea t thediscretio n ofthe Department of History...'

D. The University accepted the funds from the donor on the basis that it would assume the costs of establishing and maintaining the lectureship (over and above the sum of £200,000 contributed byth edonor) .

E. The University further accepted that the lectureship position needed to be maintained on a continuing basis, subject to any inevitable staff changes, with any vacancy to be filledo n a prompt basis or otherwise allocated to another member ofthe academic staff ofthe school of Historical Studies.

F. The Altajir Trust is a United Kingdom registered charity founded by His Excellency Mahdi Altajir, a former Ambassador ofthe United Arab Emirates to Britain. The trust promotes Islamic studies by Muslim and non-Muslim scholars and the advancement and appreciation of Islamic culture. It also provides scholarships for undergraduate and graduate students from various countries to undertake studies in the United Kingdom.

G. At 15Septembe r 2008th e amount ofthe fund was $112,699.59. It is provided as follows-

1. The sum of $112,699.59, and any accumulations and additions toth e sum, forms a fund called 'The Altajir Lectureship in Middle East and Islamic Studies' ('fund') and the fund must be paid into an investment pool and remain there until Council directs otherwise.

2. The University is responsible for all costs relating to the establishment and maintenance of a lectureship by the name of 'The Altajir Lecturer in Middle East and Islamic Studies' ('lectureship'), such lectureship to cover historical and contemporary affairs, nottheological , linguistic or language studies.

3. The costs ofthe lectureship cover the remuneration, including superannuation, ofthe person who holds the lectureship from time to time, and such other costs of maintaining the lectureship as the head of the school of Historical Studies ('head') considers appropriate.

4. The University, on the recommendation of the head, may apply such parto f the capital and income of the fund as it deems appropriate towards the cost of establishing and maintaining the lectureship on an ongoing basis.

5. Subject to section 6, the University's obligations under this regulation to maintain the lectureship continue in existence whether or not the amount in the fond is sufficient to pay all or part of those costs from time to time, and need to be performed in a way which isa t all times consistent with the terms of Recital E.

6. The University may change the name and the terms ofthe lectureship with the written approval ofthe donoro r its successor.

7. Subject to the foregoing, any appointment to the lectureship is to be on such terms as the University on the recommendation ofthe dean ofthe faculty of Arts determines.

[Made 16/3/09]

Library Digitised Collections

Author/s: University of Melbourne

Title: University of Melbourne Calendar 2009

Date: 2009

Persistent Link: http://hdl.handle.net/11343/23498

File Description: 14_Regulations (Chapter R7)

Terms and Conditions: Terms and Conditions: Copyright in works deposited in the University of Melbourne Calendar Collection is retained by the copyright owner. The work may not be altered without permission from the copyright owner. Readers may only, download, print, and save electronic copies of whole works for their own personal non-commercial use. Any use that exceeds these limits requires permission from the copyright owner. Attribution is essential when quoting or paraphrasing from these works.

Terms and Conditions: To request permission to adapt, modify or use the works outside of the limits of these terms and conditions, please complete the permission request form at: http://www.unimelb.edu.au/copyright/information/fastfind/externalrequest.html