Judicial advice re barrister counselling service

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Editor’s picks

• Re Application of the Members of the Management Committee of the Barristers’ Benevolent Association of New South Wales - NSW Caselaw
   

  Catchwords - EQUITY — Trusts and trustees — Judicial advice — Where the object of the association is to afford assistance in necessitous and deserving cases — Whether association funds may be used to provide a counselling service — Where association was plainly intended to be charitable in the legal sense — Where counselling service is directed to former and current barristers and their dependents
   

  [55] It is also important to recognise that BarCare has the potential to benefit a much wider section of the public than just those who take up their profession at the bar. Barristers in NSW have a unique and important role in advocating for the rights of people in the community, including some of the most vulnerable. They have a central role in the administration of justice. Improving the mental wellbeing of the NSW bar and their families may well have positive consequences for the wider community who interact with the justice system and who may have occasion to access the services of those barristers.

  [56] In my view, the provision of assistance to treat mental ill-health among members of the Bar of New South Wales and their dependents is for the benefit of the community or a section of the community in the relevant sense.
   

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