A party who deliberately withholds an argument at the hearing of an appeal, intending to raise it only after the outcome is known, cannot rely on the power to reopen under UCPR r 36.16(3A) as the failure to raise the argument is attributable to the party's own tactical decision, not accident or misapprehension. An application under s 15 of the Family Provision Act 1982 (NSW) to create a discretionary trust to protect a legacy from creditors is not merely mechanical but may affect the quantum of provision and raises issues of conformance with the Bankruptcy Act 1966 (Cth).
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