Trusts Act 2025
sec.191Court may appoint representative or make orders in absence of party or interested person
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sec.191 Court may appoint representative or make orders in absence of party or interested person
This section applies if, at the time of the hearing of a proceeding in relation to a trust, a party to the proceeding or an interested person in relation to the proceeding— is not within the jurisdiction; or is under a legal incapacity; or can not be found; or is unborn; or is not capable of being identified or ascertained. The court may— make an order appointing a person to represent the party or interested person; or proceed in the absence of the party or interested person. An order made in the proceeding is binding on the party or interested person. In this section— interested person , in relation to a proceeding, means a person, or persons of a class, who the court considers— should be made a party or parties to the proceeding; or should be given an opportunity to attend and be heard in the proceeding. (sec.191-ssec.1) This section applies if, at the time of the hearing of a proceeding in relation to a trust, a party to the proceeding or an interested person in relation to the proceeding— is not within the jurisdiction; or is under a legal incapacity; or can not be found; or is unborn; or is not capable of being identified or ascertained. (sec.191-ssec.2) The court may— make an order appointing a person to represent the party or interested person; or proceed in the absence of the party or interested person. (sec.191-ssec.3) An order made in the proceeding is binding on the party or interested person. (sec.191-ssec.4) In this section— interested person , in relation to a proceeding, means a person, or persons of a class, who the court considers— should be made a party or parties to the proceeding; or should be given an opportunity to attend and be heard in the proceeding.
- (a) is not within the jurisdiction; or
- (b) is under a legal incapacity; or
- (c) can not be found; or
- (d) is unborn; or
- (e) is not capable of being identified or ascertained.
- (a) make an order appointing a person to represent the party or interested person; or
- (b) proceed in the absence of the party or interested person.
- (a) should be made a party or parties to the proceeding; or
- (b) should be given an opportunity to attend and be heard in the proceeding.