16 Aug 2012
HAYES v FAMILY COURT HC GIS CIV 2012-416-82
- Citation
- openlaw-1ee2bd52_5cc0_4e23_ac36_1bbb2e2ab100.pdf
- Court
- High Court
Section 3A(2) of the Family Protection Act should be read to exclude Family Court jurisdiction only where there are extant High Court proceedings seeking distributions inconsistent with a will (eg FPA, Law Reform (Testamentary Promises) Act, Property (Relationships) Act claims); no such extant High Court claims existed when the FPA application was filed because the disputed probate proceedings had been settled and the s 52 Administration Act initiative was not properly pursued, therefore the Family Court properly exercised jurisdiction and the applicant's primary claim of jurisdictional illeg…