Bass and Bass and Ors

In the matter of *Bass and Bass and Ors*, Aldridge J considered an application concerning a child support trust. The proceedings involved the applicant and the first respondent, with a third party, Mr DN, acting as a trustee of the child support trust established by prior court orders. The core of the dispute revolved around the management and distribution of funds from this trust, particularly in light of an ongoing appeal.

The court was required to determine several key issues. These included whether Mr DN, as a trustee, should be joined as a party to the proceedings, and whether he should be granted leave to seek his removal or to be heard on the current orders. Furthermore, the court had to consider the appropriate interim restrictions on payments from the child support trust pending the determination of the appeal, and the indemnification of the Case Guardian for her costs and expenses.

Aldridge J reasoned that joining Mr DN as a party was necessary to ensure all relevant parties were before the court and to facilitate proper orders regarding the trust. Leave was granted for Mr DN to apply for removal or to be heard, acknowledging his role as a trustee. Crucially, the court imposed interim restrictions on payments from the trust, limiting individual payments to $3,000 and total payments to $30,000, excluding costs and expenses, unless 21 days' prior written notice was given to the applicant. This measure was designed to protect the trust assets pending the appeal. The court also ordered that the Case Guardian be indemnified in full by the trust for her costs and expenses, and that these be paid forthwith. The costs of the applicant and first respondent were reserved, with liberty granted to all parties to apply for reimbursement of the Case Guardian's costs at the time of the determination of the reserved costs.