Family provision | Legal Helpdesk Lawyers

ON 7 AUGUST 2014, the Supreme Court of NSW delivered Underwood v Gaudron [2014] NSWSC 1055 (7 August 2014).

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/1055.html

The plaintiff Helen Underwood brought proceedings seeking a family provision order under the Succession Act 2006 (NSW) with respect to the estate or notional estate of her late mother. Named as defendants were her sisters, Mary Genevieve Gaudron (the former High Court justice) and Kathryn Teresa Gaudron.

The plaintiff had no contact with the deceased for 20 years, the estate was relatively small and had already been distributed. The proceedings were commenced more than 3 years after the deceased’s death.

Justice Hallen dismissed the summons with the intention of making no orders made as to costs.

Sydney, Australia

1300 00 2088

ON 9 JULY 2014, the Supreme Court of NSW delivered Bayssari v Bazouni [2014] NSWSC 910 (9 July 2014).

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/910.html

The plaintiff made an application under s59 of the Succession Act 2006 seeking provision to be made out of the estate of his maternal uncle’s late wife.

On the facts, the court found that whilst the plaintiff was a member of the deceased’s household, he was not wholly or partly dependant on the deceased nor did he have a close personal relationship with her. His claim was dismissed and he was ordered to pay costs.

Sydney, Australia

1300 00 2088