Celeste Barber's record-breaking $51 million bushfire fundraiser cannot be split up and donated to other charities, the Supreme Court has ruled
A Supreme Court judge has ruled that Celeste's Barber record-breaking bushfire relief fund cannot be legally shared with other charities.
Justice Slattery ruled on Monday that the fund, which was explicitly raising funds for the RFS and Brigades Donation Fund could not also be shared with other charities like the Red Cross or WIRES, despite having far surpassed its original goal.
Instead, it may only be spent by those two trusts on the purchase and maintenance of equipment, training and administrative costs, trauma counselling for firefighters and bereavement money for families of fallen volunteers.
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The amount raised may have broken fundraising records, but the $51.3 million raised by Celeste Barber remains bound to the law.
The mammoth bushfire appeal fund for the New South Wales Rural Fire Service (RFS) and Brigades Donation Fund cannot be used to aid any other charities, the Supreme Court ruled on Monday.
"Some donors may have intended or hoped that the money they donated would be used for purposes beyond those which the court has advised are permissible," New South Wales Supreme Court Justice Michael Slattery said in his ruling.
"Despite the trustees' wish to honour those intentions or hopes the law provides principles that ensure a degree of certainty in the application of trust funds including charitable trust funds."
The decision dashes Barber's promise, made after the total far surpassed her $30,000 goal, that the unexpected popularity of the appeal would mean other charities involved with bushfire relief, like the Red Cross, could also receive funds.
Slattery described Barber as a 'spirited' citizen but, with the fundraiser explicitly stating where the money was intended to go, the court's hands appeared tied.
Instead, Slattery ruled it the trust could only be used on the purchase and maintenance of equipment, as well as training and administrative costs.
The ruling would also allow money to be spent on trauma counselling and to be given to bereaved families of fallen firefighters.
The restriction was previously flagged by the RFS, which although acutely aware of its limitations, had expressed a desire to share the cash.
"The funds raised are record-breaking – and of a scale the NSW RFS has never dealt with before. This has created some considerable challenges," a spokesperson said.
