“[We] wish to honour the intentions and beliefs of Ms Barber and the donors … concerning what would and should be done with the donated money,” the RFS stated in court paperwork.
But barristers for the fireplace service stated they didn’t consider they might be legally justified in the event that they used the cash in that manner.
Jeremy Giles, SC, for the RFS trustee, stated Ms Barber’s fundraiser was “obviously a spectacular success” and donors all through Australia and the world had been “extremely generous”, for which the RFS was grateful.
He stated the RFS and the trustee would give “anxious consideration” to utilizing a part of the cash to ascertain a fund for injured or killed firefighters, if it was of their energy to take action.
“We have advised it is not,” Mr Giles stated.
Mr Giles requested Justice Michael Slattery to resolve if the RFS would be justified in utilizing the cash in 4 methods: to provide some to other charities together with interstate hearth organisations; to arrange a fund to assist firefighters who’re injured or killed; to offer bodily well being coaching, psychological well being coaching and trauma counselling providers; and paying for firefighters to attend coaching programs.
Peter Singleton, showing for the NSW Attorney-General, stated the Attorney agreed with the RFS that the latter two makes use of would be acceptable. He stated he couldn’t provide you with a believable argument to contradict the evaluation of the RFS that giving the cash to other charities wouldn’t be permitted.
Justice Slattery stated the wording of the deed might allow the RFS to make use of cash to assist injured firefighters, however not those that died. He described the state of affairs as a “difficult, rather agonising dilemma”.
Justice Slattery is predicted to ship a choice inside just a few days.
“I know that the funds are there and people want to use them,” Justice Slattery stated. “That’s obviously a priority.”
Georgina Mitchell is a court reporter for The Sydney Morning Herald.