Below is a selection of cases Caite has appeared in:
Waters v Odell [2023] QDC 44 – Family Provision Application
Shaw v Tane [2022] QSC 301 – solemn form case about the validity of a will and costs decision Shaw v Tane (No 2) [2023] QSC 19
Re McMahon [2022] QSC 236 – a successful defence of an application to rectify a will
Michael v Vu [2022] QCA 66 – Court of Appeal – Dismissal for want of prosecution
Forster v Forster [2022] QSC 30 – a mutual wills case, where the question of what the obligations are of the surviving testator after the death of the first testator, and specifically whether they hold assets as trustee for the beneficiaries under the mutual wills agreement
Pay v Williamson [2021] QCA 32 – Court of Appeal – Dismissal of Appeal for want of prosecution
Bassett v Registrar of Titles [2021] QSC 341 – whether a failure by a joint tenant to notify the other joint tenant of a unilateral severence of the joint tenancy could amount to fraud amounting to an exception to indefeasibility of title
Re Franks [2021] QSC 134 – removal of executors and appointment of independent administrator
Re Sheehan [2021] QSC 89– an informal will case which was the first time the Queensland Supreme Court considered audio-visual witnessing of wills under the COVID-19 Emergency Response Act 2020 (Qld)
Re RD [2021] QSC 65 – a statutory will case where the court had to consider whether gifts should be left in a testamentary discretionary trust, or as outright gifts
AC v Department of Children [2021] QSC 64 – a case on setting aside an adoption
In the Estate of HRA deceased [2021] QSC 29 – a disputed de facto case – and related costs decision – In the Estate of HRA deceased [2021] QSC 49
Outram v Public Trustee of Queensland [2020] QSC 80 and [2020] QSC 159 – compensation for sale by an attorney
Re GEW [2020] QSC 119 – application for probate of an informal will
Niebour-Pott v Pott [2020] QSC 7 – a family provision application involving issues about primacy of a spouse’s claim and disabled children
Rowe v Sudholz [2019] QSC 306 – a solemn form trial where the capacity of a deceased person to make his last two wills was in issue
Spink v Russell – [2019] QCA 107– 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
Finnegan v Garner [2019] 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 [2019] 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 [2018] QDC 115 – a summary dismissal of a family provision case
Re McLennan [2018] 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 APB – a disputed statutory will case over a $70m+ estate. See Courier Mail article 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 [2017] 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 [2017] QCA 157 – a Court of Appeal appeal against a decision not to rectify a will – is now the leading case on rectification of wills in Australia
Kay v Kreis [2017] QSC 151 – leave to commence a family provision application ten years out of time (see Courier Mail article here)
Damjanovski v Zafirovska – a forfeiture case where the daughter was accused of murdering her mother. See blog post here and See Courier Mail article here.
Rose v Tomkins [2016] QSC 216 – rectification of a will (BUT see appeal judgment above)
Wright v Wright (No 2) [2016] 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 [2016] QSC 44 – a will construction case.
Suthers v Suthers [2015] QSC 285 – a will construction case.
Haggarty v Wood (No 2) [2015] 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 [2015] 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 [2015] QSC 105 – a family provision case.
Smith v Massey [2015] QSC 86 – an informal codicil (s18) case.
RKC v JNS [2014] QSC 313 – a statutory will case.
Re Spencer [2014] QSC 276 – an informal will (s18) case dealing with the cross over between informal wills and testamentary capacity.
Re Barlow [2014] QSC 7 – a solemn form probate trial where the capacity of the testator was in issue.
Haggarty v Wood [2013] 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 [2013] QDC 176 was a family provision application in a small estate, with competing claims between a widow and a stepchild.
DW v RW [2013] QDC 163 was a family provision case by an adult son of the testator.
SPM v LWA [2013] 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 [2013] 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 [2013] 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 [2012] 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 [2012] 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 [2012] 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 [2012] 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 [2012] 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 [2011] 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 [2011] 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 [2009] 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 [2009] QSC 353 – an application for directions where a charity was misnamed in a will
Re Clare [2009] 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 [2008] 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 [2004] 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
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