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Sec 141 of the Trust Act 2019 {3} says 'If the parties to
Sec 141 of the Trust Act 2019 {3} says 'If the parties to the proceeding consent, the Family Court can make any order under this Act , to resolve an issue..." Can you please correct me if I am wrong? … read more
Chris The Lawyer
Chris The Lawyer
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The case of Fisher and Fisher very interesting. As a result
The case of Fisher and Fisher very interesting. As a result some questions. Is there or is there not a $200 000 ceilings of a claim against a third party ( the Trust)? Is a constructive trust claim an… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
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In Heatley v Heatley [2012] HC 537 NZFLR 585 the HC judge
In Heatley v Heatley [2012] HC 537 NZFLR 585 the HC judge Fogarty J under s22(3) PRA said the FC Judge had erred in refusing to transfer the proceedings. Now, I know I am very tired but I cannot fatho… read more
Chris The Lawyer
Chris The Lawyer
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I wonder if you can find a case law example in the FC after
I wonder if you can find a case law example in the FC after 2019. I need case law where the FC is shown that the most appropriate place for the hearing should have been in the HC and/or a case where i… read more
Chris The Lawyer
Chris The Lawyer
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Master's Degree
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The Trust Act changed in 2019 to allow the FC to deal with
The Trust Act changed in 2019 to allow the FC to deal with Trusts in PR disputes. I would like to know how many cases the FC have dealt with regarding Trust issues since 2019. Can this be found out ?… read more
Chris The Lawyer
Chris The Lawyer
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Master's Degree
32,029 satisfied customers
The HC judge turned down my request for the transcript of my
The HC judge turned down my request for the transcript of my appeal . The Judge in the FC that turned down my request for the transfer to the HC gave no substantiated reason as to why she rejected my … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers
I sent my notice of Appeal as a Memorandum. Should I resend
I sent my notice of Appeal as a Memorandum. Should I resend it as an Interloctory Application?… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
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I have all of today to submit notification o the FC that I
I have all of today to submit notification o the FC that I am appealing the decision of J Tan not to allow transfer to the HC. Then I plan to do he full submission after that. I am off work today. (Ha… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers
Can you please direct me to any case law that involves a
Can you please direct me to any case law that involves a property division in the family court that involved a trust? It might be that the family home was part of a trust or a trust was in dispute as … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers
If your case has the possible outcome of over $350 000
If your case has the possible outcome of over $350 000 doesn't it have to be decided in the HC ?… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers
I am looking at case law where a constructive trust is
I am looking at case law where a constructive trust is formed over an express trust. Both Lankow v Rose and Murrell v Hamilton and both ended up in the Court of Appeal. I am trying to find out what Co… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers
A neighbour has decided to leave her narcissistic de facto
A neighbour has decided to leave her narcissistic de facto partner of 18 years. He is currently away. She wants to keep the house. When he returns can 1) she ask him to leave? If he refuses what can s… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers
Before I make an application to transfer my case from the
Before I make an application to transfer my case from the Family Court to the High Court I need to fully understand what my options are in relation to the Settlement Agreement that I am asking the Cou… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers
I have submitted my case, chronology and, none of which is
I have submitted my case, chronology and bundle, none of which is shared. I can submit authorities that I am relying on . Is the are law? If so do you knowof any suitable authorities?… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers
If there is a case pending in the District Court or gh Court
If there is a case pending in the District Court or High Court against my ex for her fraud (evidence in bank statements),would that be of use in adding strength in my application for a Stay of the HC … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers
Having lost our case in the gh Court because the HC Judge
Having lost our case in the High Court because the HC Judge maintained we had no chance of succeeding in the FC. I have to pay.Since then discovery has shown the extent of her fraud which is in the re… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers
I am unable to access any template or rule specifically saying
I am unable to access any template or rule specifically saying on what form a Stay of Judgement and its fee is to be made. I have rung and emailed the Appeal Court in Wellington and HC in Well and Auc… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers
I am filing a Memorandum to the High Court opposing my ex's
I am filing a Memorandum to the High Court opposing my ex's application for proceeding on the grounds that I have applied to the Family Court to cancel the agreement on which her proceedings are based… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
32,029 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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