The presence of contested issues of fact between parties does not preclude a proceeding being brought under Order 54 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) for advice and directions regarding the disposition of cremated ashes. The court should avoid resolving contested factual issues beyond those strictly necessary for its determination. All co-executors must be joined as parties under r 54.03(a). A judge who promises a self-represented litigant a further hearing before determining the proceeding must honour that undertaking or afford the litigant an opportunity to be heard on the dispositive issue.
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