By Darryl Browne -
Key decisions
- Revell v Revell [2016] NSWSC 947
- Fraser v Melrose [2016] QSC 213
- Catherine Margaret Thorn, as executrix of the Estate of the late Betty McAuley v Ian Geoffrey Boyd and Dawn Kathleen Boyd [2016] NSWSC 1344
- Cancer Council of WA v Attorney General (WA) [2016] WASC 297
- Dark v Dark [2016] NSWSC 1223
- Re Gardiner [2016] VSC 541
- Parsons v Davison [2016] NSWSC 1491
- Barakett v Barakett [2016] NSWSC 1257
- Re Kilby [2016] NSWSC 1433
- Istvan Molnar (No2) [2016] SASC 159
Unusual family provision costs orders
In Revell v Revell [2016] NSWSC 947 Pembroke J decided that an adverse costs order against an unsuccessful applicant for family provision would detract from the adequacy of the applicant’s provision under the will and cause considerable hardship (at [37]). The judge ordered the applicant’s costs be paid by the estate. In Page v Page [No 2] [2016] NSWSC 1323 an unsuccessful applicant faced with an Offer of Compromise and a Calderbank offer was only ordered to pay the estate’s ordinary, rather than indemnity, costs. In making that decision the court referred to the deceased’s repeated promises to ‘look after’ the applicant and the significant detriment that would result from any costs order (at [75] – [77]).
