Bass and Bass

In the Family Court of Australia, Mr Bass (the applicant) sought to discharge orders made in 2008 concerning child support and the establishment of a trust, and for the funds within that trust to be paid to him. Ms Bass (the respondent) cross-applied for the proceedings to be transferred to the Supreme Court of New South Wales, and for Mr Bass to be removed or suspended as trustee of the trust.

The court was required to determine two primary legal issues: firstly, whether it possessed jurisdiction to hear the application for transfer to the Supreme Court, and secondly, whether Mr Bass should be removed or suspended as trustee of the trust. The respondent argued that if the original child support orders were discharged, the Family Court's jurisdiction would be spent, necessitating a transfer to the Supreme Court which could handle the trust and equitable matters, as well as exercise the Family Court's jurisdiction under the cross-vesting legislation.

The court dismissed the application for transfer to the Supreme Court, finding that it retained jurisdiction. The court reasoned that the trust was established pursuant to orders made under the Child Support (Assessment) Act 1989, and that the court's power to discharge or vary such orders under section 129 of that Act meant it retained jurisdiction over matters arising from those orders, including the trust established for their purpose. The court also dismissed the application for the removal or suspension of Mr Bass as trustee, finding no evidence that his commencement and prosecution of these proceedings placed him in conflict with his obligations as trustee.

Consequently, the court ordered that the application for the removal or suspension of the applicant as trustee of the B Trust be dismissed, and that the application for transfer of these proceedings to the Supreme Court of New South Wales be dismissed.