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
Judgment handed down this morning in a case where I appeared for the Applicant. Jackson J removed the 2 remaining executors and appointed an independent administrator. Read Re Franks  QSC 134 here.
Judgment was handed down this morning in what I think is the first case where the Queensland Courts have considered the COVID-19 Emergency Response Act 2020 (Qld) and the Justice Legislation (COVID-19 Emergency Response – Documents and Oaths) Regulation 2020 (Qld) for the execution of wills. Unfortunately, in the signing process, the testator missed signing … Continue reading Audio-visual witnessing of wills – Re Sheehan
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
Just before Christmas last year Applegarth J handed down a judgment in a solemn form trial I was in in November. I acted for the Respondent, Kathy, who was a long term friend of the deceased and benefited from his last two wills. The Applicants, the Rowes, were also long term friends of the deceased, … Continue reading Capacity case
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.