The 'other special circumstances' requirement in s 28(5)(d) of the Family Provision Act 1982 (NSW) refers to special circumstances other than those in s 28(5)(c) (property held on trust with no vested beneficiary), not circumstances other than those considered under s 16 (extension of time). Accordingly, circumstances that justified the extension of time may also be relied upon to satisfy s 28(5)(d). A deterioration in a plaintiff's health or financial position after the prescribed period does not constitute relevant prejudice to the defendant for the purposes of opposing an extension of time.
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