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Family Law

The leading authority on all aspects of family law

29 NOV 2011


(Family Division; Peter Jackson J; 19 September 2011 and 22 September 2011)
Jurisdiction of family court to consider applications relating to enforcement of court order that had required setting up of a trust. At issue was the jurisdiction to override the trust deed. The court's intervention was required to secure a home for the child. A review of practice in such cases. The court had allowed each parent to nominate a trustee, as requested by the father.
Probably should have put purchase in hands of one or more independent persons, at least until property obtained. Henceforth where court made order for settlement of property under Schedule 1, court should give simple, effective directions for putting order in place.
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