New South Wales Consolidated Acts

MINORS (PROPERTY AND CONTRACTS) ACT 1970 - SECT 43

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.