• Menu
  • Skip to right header navigation
  • Skip to primary navigation
  • Skip to secondary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Call us now  07 4688 2188

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Clifford Gouldson Lawyers

  • About
    • Our Origin Story
    • Our Future
    • CGLaw COVID Protocol
    • Toowoomba
    • Brisbane
    • Sunshine Coast
  • Careers
  • Community
    • 2023 Artist-in-Residence Program
  • Contact Us
  • Search
  • About
    • Our Origin Story
    • Our Future
    • CGLaw COVID Protocol
    • Toowoomba
    • Brisbane
    • Sunshine Coast
  • Careers
  • Community
    • 2023 Artist-in-Residence Program
  • Contact Us
  • Search

Mobile Menu

  • Our Team
  • Practice Areas
  • Knowledge
  • Events
  • Industries
  • For Individuals
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube
  • Our Team
  • Practice Areas
  • Knowledge
  • Events
  • Industries
  • For Individuals

The Celeste Barber decision – time to check your objectives?

You are here: Home / News / The Celeste Barber decision – time to check your objectives?

This week’s Supreme Court decision in relation to the $51 million that Celeste Barber raised is a good reminder about the importance of objectives, for all trusts, non-profits and companies.

Comedian Celeste Barber raised $51 million via a Facebook appeal during the recent summer bushfire crisis.

The NSW Rural Fire Service and Brigades Donations Fund (RFS Fund) is a charitable trust which was publicly named by Celeste, and nominated via PayPal, as the recipient of the donations.

The appeal raised far more money than expected – in fact, the most funds raised in any appeal on Facebook to date. Given the funds raised, focus shifted to whether, once the appeal went viral on the Internet, all the donors (many millions of people Australia and world wide) intended, or understood, that their donation was to go to the RFS Fund and its relatively narrow objectives.

Given the pressure on the RFS Fund to distribute the funds more broadly (to other organisations, including those in other States), the trustees of the RFS Fund sought direction from the Supreme Court of New South Wales (which was heard last week) to advise them as to their options.

The decision was handed down yesterday, which examined both the objectives of the PayPal Giving Fund (which collects donations as a charitable trust) and the objectives of the RFS Fund. Ultimately, the Court has advised the trustees of the RFS Fund that they must apply the funds in accordance with its objectives (and not use them for any alternative purpose) and that they cannot distribute the funds to any other organisation. Accordingly, the RFS Fund must use the funds for equipment, training and support for New South Wales volunteer fire fighters.

The public statements of Celeste Barber and various donors (who might have made comments which indicated a belief that their money would be used in a different way than the objectives in the RFS Fund) were found by the Court not to bind the trustees in the way they are required to apply those funds.

While the decision is technically limited to trusts in New South Wales, it is still a useful reminder for companies, non-profits and trusts alike that objectives are not just a tokenistic introduction to a trust deed or constitution – legally, they set the path that the organisation’s activities are required to follow .

If you need advice as to whether this decision may affect you, your demands or your business, please don’t hesitate to contact our Commercial + Property Team.

Previous Post: « Casual employees and WorkPac Pty Ltd – not again!
Next Post: How secure are your goods on account? »

Primary Sidebar

We can help

Amanda Tolson

Director

Carly Brailak

Special Counsel

Lisa Hooper

Special Counsel

Tracey Gust

Paralegal

Emma Price

Paralegal & Legal Secretary

Sally Fraser

Conveyancing Paralegal

Heath Knox

Commercial + Property Paralegal

Related Alerts

November 6, 2023
Property law changes passed by Queensland Parliament

The Property Law Bill, which heralds the biggest shake up in property law in...

August 31, 2023
Qld Govt Curbs Developer Rights in Sunset Clauses

After seeking feedback from developers and buyers, the Queensland Government has introduced a bill...

August 7, 2023
Selling Your Business? Get Organised!

There may come a time in your business ownership journey when it’s time to...

View other alerts

Footer

Clifford Gouldson Lawyers

CLIFFORD GOULDSON LAWYERS
P: 07 4688 2188
F: 07 4688 2199
mail@cglaw.com.au
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Locations

TOOWOOMBA (Head Office)
259 Ruthven Street,
Toowooomba Q 4350

PO Box 8208,
Toowoomba South Q 4350

Toowoomba Office

BRISBANE
Level 5, 231 George Street,
Brisbane Q 4000

PO Box 12802 George Street,
Brisbane Q 4003

Brisbane Office

 

SUNSHINE COAST
L1, Regatta Corporate Building,
2 Innovation Parkway,
Birtinya Q 4575

Locked Bag 5010
Caloundra DC Q 4551

Sunshine Coast Office

Practice Areas

  • Wills, Estates, Planning + Structuring
  • Workplace
  • Litigation + Dispute Resolution
  • Commercial + Property
  • Construction
  • Intellectual Property
  • Privacy & Disclaimer
  • Terms of Use

Site Footer

CG Law (Trading) Pty Ltd ACN 143 426 028 t/a Clifford Gouldson Lawyers ABN 89 143 426 028 Liability limited by a scheme approved under professional standards legislation..

Copyright © 2023 Clifford Gouldson Lawyers · Privacy & Disclaimer · Terms of Use · Marketing by John Gray Marketing · Site by Kingfisher