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Structure

DU Charities is a non-profit institution established and operated as a charitable trust by the trustee, Daily-Update 
Pty Ltd (trading as Daily-Update Publishers). DU Charities is a tax- exempt Discretionary Investment Trust (and 
Friendly Shores and Nell’s Special Treat are Trading Names) for the purposes of the Australian Tax Office.

The Australian Business Number (ABN) of DU Charities is 80241316874.

Strictly 15% of Daily-Update’s net profits goes to DU Charities. The directors of the charity’s trustee Daily-Update 
Publishers (Fay and Cameron Russell), make day-to-day decisions affecting DU Charities. The directors of Daily-
Update Publishers are strictly unpaid volunteers. Relatives and staff of Daily-Update Publishers are similarly 
prohibited from receiving payment from DU Charities. Any paid employees of DU Charities shall be selected for 
their skills and experience following public advertising of the selection criteria for the position. Paid employees of 
DU Charities shall never include the directors of Daily-Update Publishers or their family, friends, staff or associates.

DU Charities is officially a charity, but Daily-Update has applied for various forms of tax relief for DU Charities, 
including endorsement as a tax concession charity (TCC) and as a deductible gift recipient (DGR). We are also 
seeking confirmation of DU Charities as a Public Benevolent Institution.

Trust Deed

Statutes Governing the Activities of DU Charities.

Party:
Daily-Update Pty Ltd hereby declares a Discretionary Investment Charitable Trust named “DU Charities” and, as 
trustee for DU Charities, agrees as of 1st January 2006 to strictly adhere to the following statutes:

WHEREAS:
The party to this Deed establishes a Discretionary Investment Charitable Trust (in this Deed referred to as 
"the Trust") for the purposes described in Clause 3 of this Deed, and providing for its control and government.

1. Name:
The name of the Trust is ‘DU Charities’, hereafter called 'the Trust'.

2. Principles:
The Trust is committed, in attaining its purposes, to:
2.1 Directly improving the lot of two groups of people under severe stress, namely (a) refugees and asylum-seekers 
awaiting a hearing in Australia; and (b) elderly people, from any country, struggling to care for their spouse.
2.2 Working honestly and diligently, alongside others of like mind, to make a difference by relieving distress and 
suffering amongst the two groups in Principle 2.1..

3. Purposes:
The purposes of the Trust will be:
3.1 Primarily supporting refugees and asylum-seekers as much as possible, through a Trading Name under DU 
Charities called ‘Friendly Shores’. Some funds shall be for meeting short-term needs, but the major focus shall be 
on purchasing simple housing for meeting long-term accommodation needs.
3.2 Providing a small but significant treat for elderly people who are caring for their spouse, through a Trading 
Name under DU Charities called ‘Nell’s Special Treat.’ Although Purpose 3.1 shall take up most of the funding, 
limited funds shall be released for Purpose 3.2 according to demonstrably genuine emails that are received at 
this Email Address.

4. Area of Operation:
The Trust is physically based in Australia. It pursues its activities and incurs its expenses principally in Australia.

5. Registered Office & ABN:
The office of the Trust will be at 17 Timkelnik Crescent, Victoria Point, Qld 4165, Australia, and in such place in 
Australia as the Trustee may from time to time determine. The Australian Business Number (ABN) of DU Charities 
is 80241316874.

6. Trustee
6.1 Daily-Update Pty Ltd shall be the Trustee for DU Charities.
6.2 One or more of the directors of Daily-Update Pty Ltd shall be authorised to make decisions regarding the 
management of the Trust. Such a director will immediately lose such authority when she or he resigns in writing, 
dies, is declared bankrupt or is found to be a mentally disordered person.
6.3 A majority of directors of Daily-Update Pty Ltd has the power to amend or add to this deed in whole or part 
at any time. Such amendment shall be included in the deed as displayed on this Webpage and not detract from 
the exclusively charitable nature of the Trust or result in the distribution of its assets on winding up or dissolution 
for any purpose that is not exclusively charitable. 
6.4 The Trustee has the power to terminate the Trust by complete distribution of the trust property.
6.5 Should the Trustee be wound up or declare bankruptcy, the Trust will be wound up.
6.6 A majority of directors of Daily-Update Pty Ltd has the power to appoint or terminate any additional Trustees, 
whether they be directors of the company or not, but only if the former believe that such action is in the best 
interests of the Trust. Apointments and terminations of Trustees must be recorded on this Webpage below this 
deed.
6.7 A majority of directors of Daily-Update Pty Ltd has the power to appoint any committee and may delegate 
any of its powers and duties to any such committee or to any person. The committee or person may without 
confirmation by the Trustee exercise or perform the delegated powers or duties in the same way and with the 
same effect as the Trustee could itself have done.
6.8 Any committee or person to whom the Trustee has delegated powers or duties will be bound by the terms 
of the Trust and any terms or conditions of the delegation set by the Trustee.
6.9 The Trustee will be able to revoke such delegation at will, and no such delegation will prevent the exercise 
of any power or the performance of any duty by the Trustee.
6.10 It will not be necessary for any person who is appointed to be a member of any such committee, or to whom 
such delegation is made, to be a Trustee.
6.11 The Trustee has complete discretion as to how and when funds are distributed and Trust property managed, 
except that they must be allocated  and administered to further the charitable purposes of the Trust and must 
never revert to private ownership. 
6.12 The Trustee has the power to use the funds of the Trust as it thinks necessary or expedient in payment of the 
costs and expenses of the Trust, including the employment and dismissal of professional advisors, agents, 
officers and staff, according to principles of good employment and Australian law or any subsequent enactment.
6.13 The Trustee has the power to purchase, take on, lease or in exchange or hire or otherwise, acquire any real 
or personal property and any rights or privileges which the Trustee thinks necessary or expedient in order to 
attain the purpose of the Trust and to sell, exchange, let, bail or lease, with or without option of purchase or, in any 
other manner, dispose of such property, rights or privileges.
6.14 The Trustee has the power to invest surplus funds in any way permitted by law for the investment of Charitable 
Trust funds and upon such terms as the Trustee thinks fit.
6.15 The Trustee has the power to borrow or raise money from time to time with or without security and upon such 
terms as to priority or otherwise as the Trustee thinks fit.
6.16 The Trustee has the power to do all things as may from time to time be necessary or desirable to enable the 
Trustee to give effect to and attain the charitable purposes of the Trust.

7. Income, Benefit or Advantage to be Applied to Charitable Purposes
7.1 Any income, benefit or advantage will be applied to the charitable purposes of the Trust.
7.2 No Trustee or any person associated with a Trustee shall participate in or materially influence any decision 
made by the Trustees in respect of any payment to or on behalf of that Trustee or associated person of any income, 
benefit or advantage whatsoever. Any such income paid shall be reasonable and relative to that which would be 
paid in an arm’s length transaction (being the open market value).
7.3 The provision and effect of this clause shall not be removed from this deed and shall be implied into any 
document replacing this deed of trust.

8. Financial Arrangements
8.1 The Trust is tax exempt, but if relevant, the financial year of the Trust will be from 1 January to 31 December.
8.2 Funds shall be paid annually to the Trust by Daily-Update Pty Ltd in the amount of 15% of the company’s net 
profits. This payment shall be made within one month of the company's net profits being calculated and at the 
latest by 31 December of each year. If the Trustee is unable to keep to this deadline for any reason, that reason 
shall be publicly announced on this Webpage, along with steps being taken to rectify the situation.
PayPal donations to DU Charities shall be withdrawn and paid to the Trust once a minimum of $100 has accrued 
(to avoid a PayPal fee).
All other funds, including public donations and the proceeds of fundraising, shall be paid to the Trust at the earliest 
convenience (generally within 24 hours).

9. Mediation & Arbitration
9.1 Any dispute arising out of or relating to this deed may be referred to mediation, a non-binding dispute resolution 
process in which an independent mediator facilitates negotiation between parties. Mediation may be initiated by 
either party writing to the other party and identifying the dispute which is being suggested for mediation. The other 
party will either agree to proceed with mediation or agree to attend a preliminary meeting with the mediator to 
discuss whether mediation would be helpful in the circumstances. The parties will agree on a suitable person to act 
as mediator, or failing that, a mediator shall be appointed by the Institute of Arbitrators & Mediators Australia.
9.2 The mediation shall be terminated by -
9.2.1 The signing of a settlement agreement by the parties; or
9.2.2 Notice to the parties by the mediator, after consultation with the parties, to the effect that further efforts at 
mediation are no longer justified; or
9.2.3 Notice by one or more of the parties to the mediation to the effect that further efforts at mediation are no 
longer justified; or
9.2.4 The expiry of sixty (60) working days from the mediator’s appointment, unless the parties expressly consent 
to an extension of this period.
9.3 If the mediation should be terminated as provided in 9.2.2, 9.2.3 or 9.2.4 any dispute or difference arising out 
of or in connection with this deed, including any question regarding its existence, validity or termination, shall be 
referred to and finally resolved by arbitration in Australia in accordance with Australian law and the current arbitration 
protocol of the Institute of Arbitrators & Mediators Australia. The arbitration shall be by one arbitrator to be agreed 
upon by the parties and if they should fail to agree within twenty -one (21) days, then to be appointed by the 
President of the Institute of Arbitrators & Mediators Australia.

10. Trustee Liability:
It is declared that:

10.1 The Trustees are chargeable respectively only in respect of the money and securities they actually receive, or 
which, but for their own acts, omissions, neglects, or defaults they would have received, notwithstanding their 
signing any receipt for the sake of conformity; and
10.2 They are each answerable and responsible respectively only for their own acts, receipts, omissions, neglects 
and defaults and not for those of each other, or of any banker, broker, auctioneers, or other person with whom, or 
into whose hands, any Trust money or security is properly deposited or has come;
10.3 No Trustees shall be liable personally for the maintenance, repair, or insurance of any charges on such 
property;
10.4 No Trustees hereof shall be liable for any loss arising from any cause whatsoever unless such loss is 
attributable:
10.4.1 To his or her own dishonesty; or
10.4.2 To the wilful commission by him or her of an act known by him/her to be a breach of Trust.
10.5 No Trustees shall be bound to take any proceedings against a co-Trustee for any breach or alleged breach 
of Trust committed by that co-Trustee.
10.6 The Trustees shall from time to time and at all times be indemnified by and out of the Trust property from and 
against all costs, charges, losses, damages, and expenses sustained or incurred by them or in or about the 
execution and discharge of their office or in or about any claim, demand, action, proceeding or defence at law or 
in equity in which they may be joined as a party.

11. Disposition of Surplus Assets:
On the winding up of the Trust, or on its dissolution, all surplus assets, after the payment of costs, debts and 
liabilities will be given to other charitable organisation/s within Australia as the Trustee will decide. If the Trust is 
unable to make such a decision, the surplus assets will be disposed of in accordance with the directions of the 
court system.

IN WITNESS OF WHICH this Deed has been executed:

Cameron Russell                                Fay Russell
Director, Daily-Update Pty Ltd             Director, Daily-Update Pty Ltd

Where Daily-Update Pty Ltd is the Trustee for DU Charities

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