New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
MINORS (PROPERTY AND CONTRACTS) ACT 1970 - SECT 43
Reference of questions of benefit etc
43 Reference of questions of benefit etc
(1) Where, in proceedings under any of sections 19, 26, 27, 30, 31, 32, 34, 37
and 50, a question arises whether a civil act or some other matter is or was
for the benefit of a person who at any material time is a minor, the court
may: (a) refer the question to a parent of the minor or to a guardian of his
or her person or of his or her estate or to any other person, and
(b) order
any party to the proceedings to pay the reasonable costs and expenses of the
referee.
(2) A referee under this section may: (a) subject to any order of
the court, make inquiries and otherwise conduct himself or herself in the
matter of the reference in such manner as the referee thinks fit, whether or
not in accordance with the principles of natural justice,
(b) file in the
court a report of the referee's consideration and examination of the question
and making such recommendations as the referee thinks fit in respect of the
question, and
(c) appear and be heard in the proceedings.
(3) A referee is
under no obligation to do anything under the reference unless the referee
consents to the appointment and until the referee's reasonable costs and
expenses have been secured to the referee's satisfaction.
(4) Where a referee
has filed a report under this section: (a) any party to the proceedings who is
interested in the question referred may inspect and make a copy of the report,
and
(b) the court may, in determining the question referred, have such regard
to the report as the court thinks fit.
(5) Subject to paragraph (a) of
subsection (4), the court may make such orders as it thinks fit for the
purpose of preventing or limiting publication of a report filed under this
section.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback