Application for orders — further provision — proper maintenance and support — application to transfer to High Court — Family Protection Act 1955, ss 3A & 4 — Family Court Act 1980, s 14 — Family Court Rules 2002, rr 189 & 191 — High Court Rules 2016, r 10.12 — Hodgkinson v Public Trust HC Dunedin CIV-2009-412-981, 11 December 2009. The testator in the case had died and left his estate to be divided equally between his nine children. One of the children, the applicant, sought further provision from the estate. She argued that her father had breached his moral duty to her by ordering equal division of his estate. The applicant had also filed High Court proceedings against the assets of the family trust that dealt with the testator's commercial interests. In the current matter, she applied for the proceedings to be transferred from the Tauranga Family Court to the Auckland High Court. The applicant's submission was that her action against the estate and her action against the trust were based on the same facts. All but one of the applicant's siblings opposed the transfer. They argued that the applicant's two actions were different matters and involved different parties. The Court found that it was important to maintain the distinctions between the two matters. The two matters had a similar factual basis, but they had different legal issues. The action against the estate was based on the Family Protection Act, while that against the trust was based on contract and equity. Also, to transfer the matter would likely cause major delays in resolving the estate. The application to transfer the proceedings was dismissed. Judgment Date: 3 July 2023. * * * Note: names have been changed to comply with legal requirements. * * *