- Justice Hallen’s lecture to the profession earlier this year on practice in the Family Provision List gave an excellent insight as to how practitioners can ensure their matters in the List are dealt with efficiently and cost effectively.
- This article summarises the main practical points that practitioners should bear in mind with regard to list procedure, affidavits, costs, offers of compromise and time saving measures around settlement time.
- The Supreme Court Family Provision Practice Note is essential reading.
Earlier this year, Justice Hallen delivered a tutorial to practitioners on practice in the Family Provision List, entitled Current Issues from the Perspective of the Bench. It was part of the series Estate Administration Tutorial Series: Probate, Protective and Family Provision Jurisdictions – a joint initiative of the Supreme Court of NSW, the NSW Bar Association and the Law Society of NSW. The purpose of Justice Hallen’s tutorial on the Family Provision List was practical rather than academic, and gave an excellent insight as to how practitioners can ensure their matters in the List are dealt with efficiently and cost effectively.
In my view, the observations made by his Honour are highly instructive and justify a wider audience. I have collated his Honour’s observations under the following headings for ease of reference.