98Mediation, orders with consent and costs

98 Mediation, orders with consent and costs

98 Mediation, orders with consent and costs

(cf FPA 33 (1))

(1) The object of this section is to encourage the settlement by affected parties of disputes concerning the estate of a deceased person.

(2) Unless the Court, for special reasons, otherwise orders, it must refer an application for a family provision order for mediation before it considers the application.

(3) The Court may make a family provision order in terms of a written agreement (a consent order) that—

(a) is produced to the Court by the affected parties in relation to an application after mediation, or on the advice of a legal practitioner, and

(b) indicates the parties’ consent to the making of the family provision order in those terms.

(4) The regulations may make provision for or with respect to the following—

(a) mediations and consent orders under this section,

(b) regulating or prohibiting advertising concerning the provision of legal services in connection with mediations and other proceedings under this Chapter in relation to the estate or notional estate of a deceased person.

(5) In this section, legal services has the same meaning as in the Legal Profession Uniform Law (NSW).

s 98: Ins 2008 No 75, Sch 1 [10]. Am 2015 No 7, Sch 2.40 [1].