Yesterday I got judgment from the Chief Justice summarily dismissing an action that was attempting to attack a unilateral severence of a joint tenancy on the grounds of fraud. The Applicant (mother) and her daughter owned a property as joint tenants. Just before her death, the daughter engaged a solicitor to sever the join tenancy. … Continue reading Severence of Joint Tenancy – summary judgment in a fraud case
I have long been a skeptic about the enforceability of gift and loan back arrangements that do not involve the actual transfer of physical cash or money at the gifting stage. Promissory notes seem to be the latest trend in these “gifting” schemes. This decision that was handed down 2 days ago didn’t deal with … Continue reading Gift and Loan Back Arrangements
Very proud to once again be the only Queensland junior counsel named as "preeminent" in the 2020 national Doyle's List rankings. See the list here.
The Supreme Court of Queensland has issued a new Protocol for the Applications List, effective Monday 10 August. It replaces the existing Protocol, which has been in effect since 25 May 2020 (the link on the website to this old Protocol no longer works). In essence, the new Protocol is consistent with the practice that … Continue reading New Protocol for Applications List
An interesting article was published in The Australian today on electronic execution of documents (read it here). These times of COVID-19 restrictions have brought urgently to the forefront the need for law reform in the execution and witnessing of wills and enduring powers of attorney. Last week, the Queensland Registrar of Titles directed that for … Continue reading Electronic execution and witnessing of Wills and EPAs
Yesterday I finished a trial of an FPA in the Supreme Court. The judgment is reserved and will be interesting because Ryan J is considering to what extent benefits that an applicant is to receive, or potentially receive, under the NDIS can be taken into account in determining whether adequate provision has been made and … Continue reading NDIS and FPAs
Honoured to be named one of 4 Australian preeminent junior counsel for wills and estate litigation, and once again the only Queenslander. See the 2019 National Doyle's List here.
Very excited to be named Queensland's "Market Leader" in the 2019 Doyle's List for Estate Litigation barristers. See the List here.
Article from the Courier Mail today.
This is a case I was involved in last month. Judgment was given yesterday. Finnegan v Garner  QSC 100 The deceased died leaving a wife and eight children (including two step-children). He and his wife separated in 2000, but did not divorce. The estate was worth just under $1m. It was believed that the … Continue reading Barring claims under s68 Trusts Act