I am really excited to be named one of the five preeminent junior counsel for the whole of Australia in the 2018 Doyle's List for "Leading Wills & Estates Litigation Barristers – Australia". Also, the only Queenslander, and the only female barrister on the preeminent list. You can view the list here.
Last Friday, Bowskill J of the Queensland Supreme Court held that a binding death benefit nomination (BDBN) made by attorneys was valid, in circumstances where the BDBN was confirming a nomination previously made by the principal. The judgment is very well reasoned and a relatively easy read. CAUTION - this case should not be treated … Continue reading Court confirms attorney can make BDBN
Interesting judgment by the Qld Court of Appeal on whether a financial administrator for an adult without capacity can invoke a beneficiary's right to call an end to a trust under the principles in Saunders v Vautier. 2-1 decision on primary questions. Read Re Tracey  QCA 194 here.
This was a joint approach by two interested parties for the court to make a will on (their own) agreed terms. Young J was not satisfied that the proposed will was one that the person would make if she had capacity. The applicant was the attorney of the proposed testator. She was ordered to bear … Continue reading Unsuccessful statutory will case
In a decision today, Byrne J of the Qld Supreme Court found that the power given to a "parent" under a trust deed to consent to a trustee's amendment of the trust, could be exercised by the parent's attorney if the parent is incapacitated. No reasons for decision were given, but orders were made permitting … Continue reading Attorney permitted to exercise powers of consent in trust deed
The NSW Court of Appeal yesterday handed down a decision which held that an EPA which included a conflict clause, authorised the attorney to enter into a transaction in his own interests, which was not for the benefit of the donor. Read Taheri v Vitek here.
Last week Jackson J handed down a decision in an inter vivos undue influence case - it was successful and a transfer of the deceased's farm was set aside. The opening words of his Honour's judgment are "There was bound to be trouble when Edward Blair transferred his beloved rural residence to [the respondents]." Read … Continue reading Bill and Ted’s excellent adventure…
Last week Martin J gave judgment in an application for compensation under s107 of the Powers of Attorney Act - where the attorney had sold the principal's house to fund a nursing home deposit. The respondent did not contend against compensation being ordered, the issue was the amount of such compensation and how it should … Continue reading New Compsensation case
SPM v LWA  QSC 138 is a case I recently appeared in before Henry J. 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 … Continue reading Non-Publication order made in attorney case
Daubney J held that summary judgement was not available in an action commenced by Originating Application (rather than by Claim and Statement of Claim). He would however, have dismissed the action on the basis that the claims, brought pursuant to ss.106 and 107 of the Powers of Attorney Act, were not maintainable on the basis … Continue reading Compensation claims against attornies – Summary Judgment not available for action commenced by OA