Grandchild claim where deceased’s son had predeceased testator; issues of dependency and factors warranting; where testator had acted as loco parentis; each grandson awarded 20% of the estate.

Adult daughter claim; provision of $100,000 made in terms of will; significant health problems; extra provision awarded

Claim by adult child; child placed with parents under Aboriginal Stolen Children Regime; no formal adoption or if so not recognised by Aboriginal customs and traditions; provision made under dependent member of the household

Acted for the estate; family provision claims by two adult children; extra provision provided for protected person; adult son’s claim dismissed.

Family provision claims by an adult daughter and former de facto partner; provision awarded to daughter and de facto

Family provision claim by adult daughter; provision awarded to daughter

Previous de facto claim; provision awarded to de facto

Family provision claim by adult daughter from first marriage. 30 year second marriage. Provision made for daughter

Adult daughter claim; large estate; Adult child suffered health issues; significant sum awarded to adult daughter

Currently under appeal.

Appeal of lower court decision; adult daughter had assets exceeding value of estate and received legacy under terms of the deceased’s will.

Adult son from first marriage; large estate; deceased widow of long term marriage; son’s claim dismissed

Adult brother of deceased claim; claim dismissed however court recognised that a dependency of four months could satisfy dependency requirements

Family provision claim - close personal relationship. Successful in lower court. Overturned by Appellate court. Close personal relationship not established. Important case for assistance on matters the court considers when party seeking to establish a close personal relationship claim.

Rural property dispute. A promissory estoppel claim against a testator who had ceased to have capacity. Testator had promised that he would leave the plaintiff a legacy under the terms of his will. Failed to do so. Promissory estoppel established.

Claim by the literary agent against author Kate Morton. Failed to establish an estoppel claim. Failed to establish breach of contract.

Successful application to restrict solicitors from acting in matter due to a conflict.

Definition of a gift left to an Aboriginal charity that did not exist

Interpretation

Interpretation

One of the first Aboriginal Intestacy matters run by legal representatives before his Honour Justice Lindsay. Customs, traditions and practices of Aboriginal communities considered. 

Unsuccessful at lower court. Decision successfully overturned. Pre nuptial agreement overturned on grounds of a material change of circumstances. At the time of the pre nuptial agreement the parties had one child. A second child was born with significant and permanent disabilities. Court found that the birth of a child would be considered a relevant material change and the birth of a child that required significant assistance and care met the criteria.