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

Supreme Court New South Wales

Medium Neutral Citation: In the matter of the New South Wales Rural Fire Service & Brigades Donations Fund; Application of Macdonald & Or [2020] NSWSC 604 Hearing dates: 18 May 2020 Date of orders: 25 May 2020 Decision date: 25 May 2020 Jurisdiction: Equity Before: Slattery J Decision: Judicial advice given on four questions asked, see [83]. The plaintiffs and the Attorneys' costs of this application paid out of the Fund on the indemnity basis. Catchwords: EQUITY — Trusts and trustees — Judicial advice – Trustee Act 1925, s 63 – The proper interpretation of the NSW Rural Fire Service and Brigades Donation Fund – The proper limits of the application of donated monies in accordance with the NSW Rural Fire Service and Brigades Donation Fund – whether such monies can be donated to other charities or rural fire services – whether such monies can 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 such monies can be donated to provide physical health training and resources, mental health training and resources or trauma counselling services to volunteer firefighters, as defined in Rural Fires Act, s 8, in connection with performing the functions of the NSW Rural Fire Service and Brigades – whether such monies can be used to set up or contribute towards meeting the costs for rural firefighter volunteers to attend and complete courses that improve skills related to volunteer-based fire and emergency services activities. Legislation Cited: Charitable Trusts Act 1993 Charities Act 2013 (Cth) Income Tax Assessment Act 1997 (Cth) Rural Fires Act 1997, Part 2, Division 3A, Division 5, ss 8, 8(1), 8(2), 8(3), 9, 9(4), 9(4)(b), 21, 22, 22A, 23, 24, 25, 26, 39, 43 Trustee Act 1925, ss 63, 63(2) Cases Cited: Attorney –General (Qld); Ex rel Nye v Cathedral Church of Brisbane (1977) 136 CLR 353 Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567 Byrnes v Kendle (2011) 243 CLR 253 Eurella Community Services Inc v Attorney General for the State of NSW [2010] NSWSC 566 Macedonian Orthodox Community Church of St Petka Inc v His Eminence Petar the Diocesan Bishop of Macedonian Orthodox Diocese of Australia and New Zealand (2008) 237 CLR 66 [2008] HCA 42 Texts Cited: J D Heydon and M J Leeming, Jacobs' Law of Trusts in Australia (LexisNexis, 8th ed, 2016) P M Wood, "Variation of Trusts in New South Wales" [1990] 13(2) University of New South Wales Law Journal 359 Category: Procedural and other rulings Parties: First plaintiff: Andrew Macdonald Second plaintiff: Bruce McDonald Third plaintiff: Stephen Robinson Fourth plaintiff: Scott Campbell Fifth plaintiff: Anthony Clark Sixth plaintiff: Glenn Wall Representation: Counsel: For Trustees: J. Giles SC; E. Ball For Attorney General of NSW: P. Singleton