Bass & Bass and Anor

In the matter of Bass & Bass and Anor, the appellant husband appealed against the orders made by Aldridge J in the Family Court of Australia on 2 December 2014. The central issue in the appeal was the interpretation and application of the terms of a child support trust, as well as the trial judge's discretion in ordering the return of funds held in the trust under the Child Support (Assessment) Act 1989 (Cth). The trust was established as part of consent orders made on 17 July 2008, and the appellant contended that the trial judge erred in not finding that the balance of the funds in the trust should be held on a resulting trust for the appellant. The appellant also argued that the trial judge erred in the exercise of his discretion in not ordering the return of the balance of the funds held in the trust.

The court examined the terms of the child support trust and the circumstances of its creation to determine whether the settlor had disposed of his beneficial interest in the funds settled upon in the trust. The court found that the settlor had disposed of his beneficial interest absolutely, and there was no basis for a resulting trust. In relation to the trial judge's exercise of discretion under the Child Support (Assessment) Act 1989 (Cth), the court found no demonstrated error in the trial judge's decision. Additionally, the challenge to the trial judge's costs orders failed.

The court granted the appellant leave to appeal the orders made by Aldridge J on 2 December 2014 but dismissed the appeal. The appellant was ordered to pay the first respondent's costs of and incidental to the appeal on a party/party basis in the amount agreed or, failing agreement, to be assessed. The appellant was also ordered to pay the second respondent's costs of and incidental to the appeal on an indemnity basis in the amount agreed or, failing agreement, to be assessed.