POLLOCK -v- POLLOCK [2026] WASC 9 | Case summary

Supreme Court of WA|2026-01-16

On 13 January 2026, I made orders granting an application under s 82 Trustees Act 1962 (WA).
These reasons are about the procedure used to make the application.
The Transfer of Land Act 1893 (WA) (TLA) allows a minor to be the registered proprietor of land, if their age is noted on the title.[1] In this case, land was purchased for a minor as an investment.[2] The investment did not turn out to be a good one, and the prudent course was to sell the land and re-invest the money in a better investment. The TLA, whilst allowing a minor to hold land, does not permit a minor to sell it.
So that the value of the land could be realised for the benefit of the minor, a person had to be appointed to sell the land, pursuant to s 82 Trustees Act which provides:
1. Infant's beneficial interest, orders as to

(a) appointing a person to sell and convey, lease, mortgage or charge the property, or otherwise to exercise such of the powers as are conferred by or under this Act on a trustee, as the Court may in the order specify; or

(b) in the case of stock or a thing in action, vesting in any person the right to transfer or call for a transfer of that stock, or to receive the dividends or income thereof, or to sue for and recover that thing in action, upon such terms as the Court thinks fit.

There are very few applications under that section. Two decisions were brought to my attention.[3] One of them was commenced by originating motion and one by originating summons.
In the present case, the application was made by way of originating summons. The minor's father was the plaintiff, and the defendant was the minor by her mother as guardian ad litem.
The father, whilst having an understandable emotional interest in the matter, did not have any interest in the land. The minor, whose guardian is her mother, owns the land.
Order 62 r 1(1) of the Rules of the Supreme Court 1971 (WA) (RSC) provides that applications under the Trustees Act shall be made by originating summons or originating motion. Order 62 r 1(2) RSC provides that the Chief Justice may direct that some Trustees Act applications be made by summons. No such directions are mentioned in Civil Procedure WA.
Pursuant to O 54 r 5(1) an originating motion must be in Form No. 64.
The plaintiff did not have any interest in the land, or in the outcome of the application, other than his natural desire to care for his child. Accordingly, this application should have been made by way of ex parte originating motion, with applicant being the minor by her guardian ad litem and orders regularising the commencement of the application were made.

I certify that the preceding paragraph(s) comprise the reasons for decision of the Supreme Court of Western Australia.

[2] The TLA refers to a person under the age of 18 years as a 'minor', the Trustees Act 1962 (WA) refers to such a person as an 'infant', whilst the Rules of the Supreme Court 1971 (WA) describe such a person as 'a person under a disability'. I have used 'minor' throughout these reasons to refer to a person under 18.

[3] See Rubery v Rubery [2003] WASC 164 [33], [38] - [40] (Barker J); Michaelson v The Registrar of Titles [2006] WASC 2 [21] (Simmons J).

Transfer of Land Act 1893

POLLOCK -v- POLLOCK [2026] WASC 9 (16 January 2026)

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