Lawyers for Ginia Rinehart, the youngest daughter of mining magnate Gina Rinehart, has asked a court to order her family into mediation to stop the "public ventilation" of their bitter family feud.
In the NSW Supreme Court this morning, Francios Kunc, SC, said it was in the interests of Ms Rinehart, her three siblings, her mother and the public for the legal stoush over the family's multiple-billion-dollar trust to be taken out of the courts.
However, Dr Andrew Bell, SC, for the three eldest children - John Hancock, Bianca Rinehart and Hope Rinehart Welker - opposed an order for mediation.
Justice Paul Brereton agreed and the hearing is now continuing.
Mrs Rinehart's three eldest children want her removed as trustee of the family trust set up by their grandfather, Langley Hancock.
Dr Bell said Mrs Rinehart's actions in April, when she bought forward the vesting date of the trust from 2068 without notice, was further evidence of her misconduct.
He said Mrs Rinehart "instilled fear" in her children that they would be financially ruined by a massive capital gains tax liability should the trust vest.
However, the children have since obtained their own legal advice.
"We now believe there was never a risk we could become bankrupt," he said.
Still, Mrs Rinehart vested the trust in April believing the children would be bankrupted, he said.
"That act provides a powerful insight into that person's suitability as a trustee ... It's the act and the belief that's critical," he said.
The hearing continues.