The final disposition of a family provision application calls for the exercise of the Court’s discretion, it cannot be achieved by agreement or deed: Lieberman v Morris (1944) 69 CLR 69; Smith v Smith (1986) 161 CLR 217, 235 and 249. The rule has its origins in the policy that a person cannot by contract exclude the jurisdiction of the Court to make a family provision order: Re Hatte [1943] St. R. Qd. 1, 13-14.