Judgment of Jackson J handed down this morning in a solemn form case. Shaw v Tane [2022] QSC 301.
Gift and Loan Back Arrangements
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
Warring siblings removed as executors
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 [2021] QSC 134 here.
Audio-visual witnessing of wills – Re Sheehan
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
National Doyle’s List rankings
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.
New Protocol for Applications List
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
Electronic execution and witnessing of Wills and EPAs
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
NDIS and FPAs
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
Doyle’s List – National Listings
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.
Doyle’s List 2019 – Market Leader for Qld Estate Litigation
Very excited to be named Queensland's "Market Leader" in the 2019 Doyle's List for Estate Litigation barristers. See the List here.