Nordeck v NSW Trustee and Guardian

[2026] WASC 19

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Administration of Estates
2. › Intestacy
3. › Distribution of estate
4. › Potential claim by unknown beneficiary
5. › Application to bar claim
6. › Whether court should exercise discretion to bar potential claim where no proceedings commenced within notice period
7. › Trustees Act 1962 (WA), s 64
1. Administration of Estates
2. › Unknown or missing beneficiaries
3. › Advertisement for beneficiaries
4. › Orders for publication of advertisements
5. › Trustees Act 1962 (WA), s 66
1. Administration of Estates
2. › Directions to administrator
3. › Whether administrator justified in not pursuing claims against third party
4. › Lack of commerciality in pursuing claims
5. › Trustees Act 1962 (WA), s 92
6. › Administration Act 1903 (WA), s 45
1. Trusts
2. › Trustees
3. › Judicial advice and directions
4. › Application for directions concerning management or administration of trust property
5. › Trustees Act 1962 (WA), s 92

Quick Take

An administrator may obtain barring orders under s 64 of the Trustees Act 1962 (WA) where a potential claimant's representative has been given notice, no proceedings have been commenced within the statutory period, and there is no prospect of proceedings being commenced, even where the identity of the potential beneficiary remains uncertain.