In the Northern Territory, the mere existence of a grandparent-grandchild relationship does not establish a moral obligation to provide for the grandchild upon the death of the grandparent; special circumstances such as care and affection provided by the grandchild are required. The financial position of a surviving parent who would normally be expected to provide for the grandchild is a relevant consideration in assessing adequacy of provision. Principles applicable to Calderbank offers will, in a general sense, apply to offers made at Order 48 settlement conferences, and imprudent rejection of such offers may warrant a departure from the usual costs approach in family provision cases.
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2 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.