Reserved judgment — jurisdiction of Family Court — originating jurisdiction — clawback application — disposition of will — transfer to High Court — Family Protection Act 1955 — Family Court Act 1980, s 11 — Property Law Act 2007, pt 6, ss 4, 346, 347, 348 & 362 — Property Law Act 1952, s 2 — Regal Castings Ltd v Lightbody & Ors [2008] NZSC 87 — Blair Wright Ltd v Adam Robertson and Daytona 5 Systems Ltd DC Wellington CIV-2008-085-001515, 14 July 2011 — Re Ridler (1882) 22 Ch D 74. The applicant sought an order for adequate maintenance and support from her mother's estate under the Family Protection Act 1955 (FPA), and reasonable compensation for property that had been disposed of to the applicant's brother's trust via a Deed of Gift (the clawback application). In order for the applicant to be granted maintenance and support under the FPA, it was necessary for the clawback application under the Property Law Act 2007 (PLA) to succeed as there was nothing left in the parties' mother's estate. The parties' mother, while still alive, had put a sum of money towards a house which she then lived in with her son. An arrangement between the son and mother was made on conditions including that she lived there for the remainder of her life. The mother subsequently gifted the sum of money to the son. At the time of her death, there were no assets remaining. At issue was whether the Family Court has jurisdiction to hear the claim under the PLA. Counsel for the applicant argued that s 11 of the Family Court Act 1980 provided jurisdiction to the Family Court, which included applications under the PLA. In concluding the the Family Court did not have jurisdiction, the Judge noted that in order for an originating application to be filed, specific statutory authority was necessary for the Family Court to have jurisdiction. Parliament had not specifically granted jurisdiction to the the Family Court under Subpart 6 of Part 6 of the PLA. On the issue of maintenance and support, the Judge did not make any observations as to the merits of the case, as it was for the High Court to hear. The Judge made an order transferring the proceedings to the High Court, subject to the applicant paying the filing fee. Judgment Date: 28 August 2019.