In the matter of the New South Wales Rural Fire Service & Brigades Donations Fund; Application of Macdonald & Or [2020] NSWSC 604

In the matter of the New South Wales Rural Fire Service & Brigades Donations Fund; Application of Macdonald & Or [2020] NSWSC 604

The monies paid from the PayPal Giving Fund to the RFS Fund were held on the terms of the RFS Trust Deed, not according to donors' broader hopes or statements. Clause 2.3 and clause 3.3 confined expenditure to purposes to or for Brigades established under the Rural Fires Act and associated with their volunteer-based fire and emergency service activities. On that construction, payments to other charities, interstate rural fire services or for general relief to persons or animals affected by bushfires were not permitted, subject to the limited position of interstate brigades integrated under Rural Fires Act, s 43. However, expenditure supporting injured firefighters or families of...

Jurisdiction
Australia
Judgment Date
25 May 2020
Procedural Posture
Application for Judicial Advice Under Trustee Act 1925, S 63 Concerning Administration and Interpretation of a Charitable Trust / Final Decision Giving Judicial Advice and Costs Orders
Outcome
Judicial advice was given on the four questions. The trustees were advised that the first proposed use was not justified, and the second, third and fourth proposed uses were justified.
Legal Topics
['judicial Advice' 'interpretation of Trust Deed' 'application of Donated Monies' 'nsw Rural Fire Service & Brigades Donations Fund' 'permissible Charitable Trust Purposes']
['equity' 'trusts and Trustees' 'charitable Trusts'] ['judicial Advice' 'interpretation of Trust Deed' 'application of Donated Monies' 'nsw Rural Fire Service & Brigades Donations Fund' 'permissible Charitable Trust Purposes']

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Procedural Posture

Application for Judicial Advice Under Trustee Act 1925, S 63 Concerning Administration and Interpretation of a Charitable Trust / Final Decision Giving Judicial Advice and Costs Orders

Legal Issues

  1. 1 ['Whether monies in the RFS Fund could be paid to other charities or rural fire services, whether in New South Wales or other Australian states and territories, to assist in providing relief to persons and animals affected by bushfires.' 'Whether monies in the RFS Fund could be used to set up or contribute to a fund to support rural firefighters injured while firefighting, or the families of rural firefighters killed while firefighting.' 'Whether monies in the RFS Fund could be used to provide physical health training and resources, mental health training and resources, or trauma counselling services to volunteer firefighters as defined in s 8 of the Rural Fires Act, who require them in connection with performing the functions of the NSW Rural Fire Service as defined by s 9 of the Rural Fires Act.' 'Whether monies in the RFS Fund could be used to set up or contribute to a fund to meet the costs for volunteer rural firefighters to attend and complete courses that improve skills related to the volunteer-based fire and emergency service activities of the Brigades.']

Ratio Decidendi

The monies paid from the PayPal Giving Fund to the RFS Fund were held on the terms of the RFS Trust Deed, not according to donors' broader hopes or statements. Clause 2.3 and clause 3.3 confined expenditure to purposes to or for Brigades established under the Rural Fires Act and associated with their volunteer-based fire and emergency service activities. On that construction, payments to other charities, interstate rural fire services or for general relief to persons or animals affected by bushfires were not permitted, subject to the limited position of interstate brigades integrated under Rural Fires Act, s 43. However, expenditure supporting injured firefighters or families of...

Court Disposition

Judicial advice was given on the four questions. The trustees were advised that the first proposed use was not justified, and the second, third and fourth proposed uses were justified.

Orders

  • ['The Court advised that the plaintiffs are not justified in paying money to other charities or rural fire services, whether in NSW or the other Australian States and Territories, to assist in providing relief to persons and animals affected by bushfires.' 'The Court advised that the plaintiffs are justified in...