RFS to join Celeste Barber in court to release bushfire donations

Celeste Barber and the NSW RFS will seek direction from the Supreme Court over the release of funds for victims and charities.

Celeste Barber and the NSW Rural Fire Service are planning to seek direction from the state’s Supreme Court that would allow them to release millions of dollars raised by the comedian over the summer to help victims of bushfires and wildlife charities.

The RFS confirmed to The Australian on Thursday morning that it hoped it would be able to have the terms of its Trust – which holds more than $52m in donations raised via Barber’s appeals during the crisis – altered so the money could be dispensed to those most in need.

Under the NSW Rural Fire Service and Brigades Donation Fund’s current terms, the money can only be spent on training, equipment and facilities for local brigades, but Ms Barber solicited donations from over one million people for the fund under the impression the money could be spread around.

NSW RFS Commissioner Shane Fitzsimmons. Photo: Tim Pascoe

Not a single cent of the $52 million has been spent so far.

“What has become clear is that the issue is very complex and the options are limited. This is because there are a number of laws which limit how funds can be distributed,” an RFS spokesman told The Australian.

“At this stage, it’s planned to seek the direction of the Supreme Court to seek some clarity on how the funds can be used. This is likely to take some time.

“Importantly, the NSW RFS and Celeste’s team want to make it clear – there is no stoush and everyone is working hard to find a solution.”

Celeste Barber confirmed the appeal to the Supreme Court in an Instagram post.

“We‘re on to it – so much so – I know the f..king Supreme Court might be throwing their backs into it a little bit to find out if we can distribute it,” she said in a message to her followers.

“We’re not f..king around … we’re taking it really seriously.”

Seak-King Huang, partner at charity law firm Prolegis Law said the fund could be appealing to the NSW Supreme Court to grant a “cy pres order,” which allows funds in a trust deed to be reallocated.

Volunteer firefighters will benefit from the influx in donations. Picture: AAP

However, Ms Huang said there are problems with this strategy as cy pres orders are typically only granted if a fund is unable to fulfil its purpose and “its purposes are not impossible or unable to be fulfilled” in this circumstance.

The fund, which received an income of only $762,249 last year, now has a balance of over $100 million after an avalanche in contributions from global corporations, celebrities and individuals around the globe in the wake of the deadly bushfire season.

The RFS previously announced it will create a $10 million fund with a portion of this money for volunteer brigades to purchase new equipment, upgrade facilities and run training programs.