Div 2Rules for class ascertainment

Division 2—Rules for class ascertainment 60—Class ascertainment For the purpose of ascertaining whether the membership of a class is presently ascertainable and, if so, the membership of the class— (a) the possibility that a person might, while under the age of 12 years, become the natural or adoptive parent of a child is to be ignored; and (b) the possibility that a male or female over the age of 55 years might become the adoptive parent of a child is to be ignored; and (c) the possibility that a female over the age of 55 years might bear a child is to be ignored; and (d) the possibility that a child might be born to a living person is to be ignored if it is established to the satisfaction of the court that there is no real prospect that the possibility will be realised; and (e) the possibility of biological parentage arising from an artificial reproductive procedure involving the use of reproductive material from a person who is dead at the time of the procedure is to be ignored. 60A—Court's power to reverse statutory limitation on class membership (1) The court may, on application by an interested person, expand the membership of a class by including in the class a living person who would, but for this Division, have been a member of the class. (2) A new member included in a class under this section becomes entitled, subject to any conditions stated in the court's order, to share in a distribution of property to members of the class made after the date of the order. (3) The inclusion of a new member in the class under this section does not affect a distribution of property made before the date of the court's order.