8.1 It is recommended that the jurisdiction, not only of the Supreme Court of New South Wales but of all other courts in the State, be extended so that those courts have the power to hear and determine a matter, even though that matter relates to or may otherwise concern land outside the State.
8.2 The above recommendation is subject to the condition that courts in the State should exercise that jurisdiction only if the court is of the view, in the light of all the surrounding circumstances, that it is the most appropriate forum for the resolution of the matters in dispute.1
8.3 It is further recommended that the Family Provision Act 1982 be amended so as to make it clear that, in an application under that Act, the court may have regard to land or other immovable property outside New South Wales owned by the deceased at the date of his or her death.
8.4 Draft legislation to give effect to these recommendations is attached in Appendix A.
FOOTNOTES
1. In the light of the High Court’ decision to reject the doctrine of forum non conveniens which was announced after this report was completed it is in retrospect fortunate that our recommendation contains an express statutory provision which gives the Court power to decline jurisdiction along these lines. See para 1.8 above.
