Below is a selection of cases Caite has appeared in:
Spink v Russell – Qld Court of Appeal – appeal over a trial judge in disputed statutory will case over a $98m estate, increasing a gift in a proposed statutory will from $1m to $4m – interplay between the court’s statutory will-making power and family provision legislation – appeal allowed and orders made on 11 April 2019 – reasons to be published
Finnegan v Garner  QSC 100 – a case on barring of claims under s68 of the Trusts Act 1973 and directions under s96 of the Trusts Act for permission to distribute an estate otherwise in accordance with a will where a deed of agreement had been entered into
Fitzgerald v Rowley  QSC 21 – a case about rectification of a will were instructions given through an intermediary
Re MAG (unreported, Ryan J, Supreme Court of Qld, 4 February 2019) – a disputed statutory will case over a $98m estate, dealing with the interplay between the court’s statutory willmaking power and family provision legislation – judgement subject to a non-publication order – outcome appealed to Court of Appeal (see Spink v Russell 3 entries above)
Charlesworth v Griffiths  QDC 115 – a summary dismissal of a family provision case
Re McLennan  QSC 124 – a removal of executor application
Re Demowbray, unreported, Burns J, No 2443 of 2018 – probate of a video will recorded on a mobile phone (see Courier Mail articles here and here).
Re Gonzalez – a case about a will that had one beneficiary’s name blanked out with black texta. See Courier Mail article here
Re Spencer – a dispute about the right to dispose of a body and conduct a funeral. See Courier Mail article here
Perry v Nicholson  QSC 163 – a case about whether the appointment and removal of a trustee of a superannuation fund and a binding nomination was valid (see SMSF Adviser article here; see Cooper Grace Ward Lawyers article here)
Rose v Tomkins  QSC 216 – rectification of a will (BUT see appeal judgment above)
Wright v Wright (No 2)  QDC 97 – was a family provision case (FPA) where, after a trial, the judge proposed that the costs of the proceedings should be taken (only) from the share of the charitable beneficiary. Caite acted for the charity in making submissions that the costs should be borne rateably across the entire estate. The judge changed his mind and ordered costs be borne rateably. (A win for the charities!).
Hope v Schneider  QSC 44 – a will construction case.
Suthers v Suthers  QSC 285 – a will construction case.
Haggarty v Wood (No 2)  QSC 244 – the second part of this case where the defendant was successful in obtaining summary judgment against a defendant who sought relief against her pursuant to a testamentary contract.
Stewart v Stewart  QSC 238 – a family provision case where the respondent argued that any award for the applicant should be held in trust.
Bryan v Oxfam Australia [unreported, Jackson J, 25 August 2015, BS 6762/15] – a case about whether various gifts to Oxfam Australia “for the purposes of [various educational activities in developing countries]” were absolute gifts, conditional gifts, or charitable trusts for the specified purpose.
Allsop v Henderson  QSC 105 – a family provision case.
Smith v Massey  QSC 86 – an informal codicil (s18) case.
RKC v JNS  QSC 313 – a statutory will case.
Re Spencer  QSC 276 – an informal will (s18) case dealing with the cross over between informal wills and testamentary capacity.
Re Barlow  QSC 7 – a solemn form probate trial where the capacity of the testator was in issue.
Haggarty v Wood  QSC 327 a mutual wills/contract to make a will case where the defendant successfully applied to strike out the plaintiff’s Statement of Claim on the basis that 1) the alleged contract to make mutual wills did not have any consideration moving from one of the parties, and 2) was not coupled with an agreement not to revoke the will; further, a claim of probate undue influence was also struck out because it did not allege any material facts from which an inference of coercion/undue influence could be drawn.
Cope v The Public Trustee of Qld  QDC 176 was a family provision application in a small estate, with competing claims between a widow and a stepchild.
DW v RW  QDC 163 was a family provision case by an adult son of the testator.
SPM v LWA  QSC 138 was a case where injunctions were made restraining certain activity relating to an attempt to revoke a power of attorney; subsequently, a non-publication order was sought to prevent the identification of the principal; orders were made preventing the publication of the identity of the respondent, but not the circumstances or nature of the proceedings; the case considers the law in relation to the open administration of justice, and the parens patriae exception to the rule.
Page v Gamer  QDC 047 – an application for final orders in a FPA where Robin DCJ explains the practical need for final orders of the court after settlement of family provision applications.
Re Limpus  QSC 66 whether a Lexon Will Instruction Sheet, duly signed and witnessed in accordance with s10 of the Succession Act is a valid will and should be admitted to probate (as a valid will, not as a s18 document).
McPherson v Byrne  QSC 394 – a construction and rectification case where court considered 1) whether the contrary intention (pursuant to s33N of the Succession Act) in one clause could be read into another clause of the will and 2) whether the will should be rectified where the evidence of the solicitor who took instructions showed that the will as executed did not reflect the testator’s intentions, despite the testator approving of the actual words used in the clause.
Jones v Jones  QSC 342 – a judgment containing a lengthy discussion about costs in family provision applications – where the applicant discontinued the application on the eve of trial – costs award against the applicant.
Kuskopf v Sippy Creek Animal Refuge Society Inc & Ors [unreported, Daubney J, BS10061/12, 28 November 2012] – application by executor where seven of twelve named charities were misdescribed in a will.
Estate of Arthur (Artie) Henry Beetson [unreported, P. Lyons J, BS 9226/12, 16 October 2012] – the former Australian rugby league captain had signed two wills on the same day, both home made will kits, albeit different will kits and therefore different wording – both wills appointed the same executor and left the estate to the same beneficiaries – both witnessed by the same two witnesses – both witnesses deceased – both wills admitted to probate.
Estate of Allison June Baden-Clay [unreported, Martin J, BS 7976/12, 5 September 2012] – application for the appointment of interim administrator pending the trial of Gerard Baden-Clay who was charged with his wife’s murder.
Gamer v Whip  QSC 209 – a construction application where the court had to decide whether a particular document was an informal codicil to the deceased’s will under s18 of the Succession Act, a renunciation of a beneficial interest in another person’s will, or an assignment of a chose in action
Callan v McConville – [unreported, BS 5388/12, 18 July 2012] – application for probate of an unsigned draft will pursuant to s18 of the Succession Act
O’Brien v Smith  QSC 166 – where testator left a homemade will purporting to set up a trust – whether the trust failed for want of beneficiaries
Re Palmer [Unreported, Daubney J, BS 5797/09, 8 May 2012] – application of the forfeiture rule – application for a grant of probate of a will where the executor and sole beneficiary had been convicted of murdering the deceased – declarations as to how the forfeiture rule operated in relation to jointly held property, estate assets and insurance proceeds
Re Rappel [unreported, BS 11805/11, Mullins J, 19 March 2012] – application for probate of an informal (one witness) will pursuant to s18 of the Succession Act
Pankhurst v Neller [unreported, BS 561/12, Atkinson J, 1 March 2012] – a rectification application where homemade wills had been incorrectly filled out
Glassock v The Trust Company (Australia) Pty Ltd  QSC 15 – a trustee’s application to the court for directions under s96 of the Trusts Act as to whether they should commence proceedings against a beneficiary to set aside an inter vivos transfer of property – whether the costs of the proceedings should be borne by the estate
Wickham v Smith (unreported, BS 11730/12, Daubney J, 8 February 2012) – court made will case for a person without testamentary capacity
Frizzo v Frizzo  QCA 308 – Court of Appeal case about testamentary capacity – where the testator dictated her will to doctors immediately prior to undergoing hip replacement surgery
Hickson v Humphrey (unreported, BS 11730/12, de Jersey CJ, 8 April 2011) – court made will case for a person without testamentary capacity
Palethorpe v The Public Trustee of Queensland  QSC 335 – a rectification application where it was sought to amend a will to reflect the testator’s true intentions on the basis there had been a clerical error
Re Bock (unreported, BS 384/11, de Jersey CJ, 23 September 2010) – court made will case for a person without testamentary capacity
Re Ball – Public Trustee of Queensland v State of Queensland  QSC 174 – a construction application to have a charitable gift to a charity who had ceased to exist, paid to another charity
Re Monckton – Public Trustee of Queensland v Attorney-General for the State of Queensland  QSC 353 – an application for directions where a charity was misnamed in a will
Re Clare  QSC 403 – a solemn form probate action where the testamentary capacity of the testator was in question and the testator had been the subject of an involuntary treatment order under the Mental Health Act 2000 (Qld)
Guardianship and Administration Tribunal v Perpetual Trustees Qld Ltd  QSC 49 – case involving questions posed by the Tribunal to the Supreme Court about: the remuneration of professional trustees; rights of litigation guardians to enter into binding agreements for persons without capacity relating to fees payable to an administrator; power of GAAT (now QCAT) to retrospectively authorise conflict transactions
Challen v Pitt  QSC 365 – the first probate case Caite was ever in, which started her passion for succession law – a solemn form probate action where the testamentary capacity and knowledge and approval of the testator was in question – where the testator had been suffering dementia