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Key decisions

  • Nobarani v Mariconte [2018] HCA 36
  • Nobarani v Mariconte [No 2] [2018] HCA 49
  • Re Narumon Pty Ltd [2018] QSC 185
  • Hanna v Raoul [2018] NSWCA 201
  • Denise Hilda Burgess as administrator of the estate of Brian Michael Burgess v Burgess [2018] WASC 279
  • Merkuloff v Yalisheff [2003] NSWSC 1183
  • El-Helou v Smith [2009] NSWSC 741
  • Rogic v Samaan [2018] NSWSC 1464

WA Select Committee report into Elder Abuse

The final report of the WA Legislative Council’s Select Committee into Elder Abuse has been published. Called ‘I never thought it would happen to me’: When trust is broken, the report can be found here.

High Court considers succession law

It was once commonplace but it’s now rare for the High Court to consider an aspect of succession law. It did so in Nobarani v Mariconte [2018] HCA 36. This case was summarised in October LSJ at p92 where the main fare, a finding of an absence of procedural fairness, was described. The High Court also commented on a succession issue, which is described here. The deceased made a will in 2004 leaving personal items to Homayoun Nobarani. A week before her death in 2013 the deceased made another will, leaving her estate to Teresa Mariconte. Nobarani lodged a caveat against a grant of probate for the 2013 will. Mariconte sought its removal, alleging that Nobarani lacked a sufficient interest to challenge the 2013 will. The High Court said that a person will have a sufficient interest to lodge a caveat if he or she has a right ‘which will be affected by the grant’. Nobarani had an interest in challenging the 2013 will as a legatee under the 2004 will. The Court observed that it had not been submitted at trial or on appeal that the 2004 will or Nobarani’s interest in it were invalid. The Court rejected the submission that the gift to Nobarani was too insubstantial to amount to a sufficient interest. The Court stated that it was ‘legally erroneous to conclude that rights of low monetary value cannot amount to a legal interest’ (at [49]).

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