Articles

In 2018 in the case of Estate Hemmes: Cameron v Mead the court was petitioned to make orders as a Family Provision Act claim under the provision of the Succession Act that would permit a child [...]

So how does a court take into account allegations of violence? Does the court make any adjustment in favour of the party who has suffered from the alleged violence? In 1997 the case of Kennon v [...]

In the 2018 case of Harris and Dewell the facts were that the Trust Deed establishing the unit trust had conferred the benefits of the trust upon the sole unit holder who was the father of the [...]

In 1981 the High Court of Australia considered the treatment of trust in the case of Ascot Investments Pty Ltd v Harper.  The Court said quite clearly that the broad definition of discretionary [...]

In the Estate of Leslie Wayne Quinn (deceased) 2019 QSC 99 the Supreme Court of Queensland was required to consider whether a video recording on an iphone labelled by the deceased as his Will [...]

In Re Prien [2019] VSC 47 the Supreme Court was required to consider whether an informal codicil to the will consisting of 2 pages of attendance notes taken by the solicitor at the home of the [...]

The question for a court is to determine what documents will constitute an informal will to be admitted for the purpose of obtaining Probate. In the case of The Late Rae Mackay in the Supreme [...]

The latest Family Law Section news from Paul Doolan, Chair The Prime Minister, the Hon. Scott Morrison MP yesterday issued a Media Release announcing that the Government will undertake a Joint [...]

What happens when one party lacks capacity to provide instructions in proceedings in the Family Court arena?  For example, dementia sets in or a brain injury arising from an accident?  Or conduct [...]

In the High Court case of Masson v Parsons in 2019 the court considered the meaning of the term “parent” and whether the sperm donor could be termed “parent” within the ordinary meaning.  Does [...]