Land And Conveyancing Law Reform Act 2009

Resolution of disputes.

22.— (1) Any person having an interest in a trust of land, or a person acting on behalf of such a person, may apply to the court in a summary manner for an order to resolve a dispute between the—

(a) trustees themselves, or

(b) beneficiaries themselves, or

(c) trustees and beneficiaries, or

(d) trustees or beneficiaries and other persons interested,

in relation to any matter concerning the—

(i) performance of their functions by the trustees, or

(ii) nature or extent of any beneficial or other interest in the land, or

(iii) other operation of the trust.

(2) Subject to subsection (3), in determining an application under subsection (1) the court may make whatever order and direct whatever inquiries it thinks fit in the circumstances of the case.

(3) In considering an application under subsection (1)(i) and (iii) the court shall have regard to the interests of the beneficiaries as a whole and, subject to these, to—

(a) the purposes which the trust of land is intended to achieve,

(b) the interests of any minor or other beneficiary subject to any incapacity,

(c) the interests of any secured creditor of any beneficiary,

(d) any other matter which the court considers relevant.

(4) In subsection (1), “person having an interest” includes a mortgagee or other secured creditor, a judgment mortgagee or a trustee.

(5) Nothing in this section affects the jurisdiction of the court under section 36 of the Act of 1995.