By Darryl Browne -
Key decisions
- CX (Federal Jurisdiction Issue) [2025] TASCAT 158 (jurisdiction of tribunal)
- Dunne v Christie [2025] NSWSC 968 (informal will)
- Blue Mountains succession conference 2025 and 2026
- TH (Application to review an enduring power of attorney) [2025] TASCAT 164 and Re A Power of Attorney [2025] NSWSC 1006 (powers of attorney)
- Russell v Ceylan [2025] NSWSC 1044 (proper forum)
Jurisdiction of tribunal where principal and attorney live interstate
CX made an enduring power of attorney (‘EPoA’) in Tasmania appointing one of his daughters as his attorney. The attorney was visiting her father in Tasmania from Queensland where she lived. CX was living in Tasmania at a property he shared with another daughter. He owned the property as joint tenant with the other daughter. A short time after the making of the EPoA, CX went to Queensland with the attorney and has not returned to Tasmania.
The joint tenancy was severed by the attorney on behalf of CX. CX sought the sale of the property. The other daughter, the co-owner of the property, made an application to the Tasmanian equivalent of NCAT (‘the Tribunal’) to review the EPoA, alleging CX (who was called ‘the donor’ by the Tribunal) was induced to make the EPoA by dishonesty or undue influence. She claimed the attorney mismanaged CX’s finances and dealt with CX’s property in a manner contrary to his interests and wishes.
