Dickenson v Brown; Estate of Olga M. Bartle Deceased and The Family Provision Act [2001] NSWSC 714

Dickenson v Brown; Estate of Olga M. Bartle Deceased and The Family Provision Act [2001] NSWSC 714

Given the likely disproportion between the cost of a four-day hearing and the size of the estate, and the parties' failure to agree to mediation despite prior recommendation, the Court ordered the whole proceedings to mediation under s.110K of the Supreme Court Act 1970.

Jurisdiction
Australia
Judgment Date
05 April 2001
Procedural Posture
Family Provision / Interlocutory Order for Mediation
Outcome
Proceedings referred to mediation by court's motion.
Legal Topics
['practice and Procedure' 'alternative Dispute Resolution' 'family Provision' 'mediation']
['equity' 'succession Law'] ['practice and Procedure' 'alternative Dispute Resolution' 'family Provision' 'mediation']

Case Brief

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Procedural Posture

Family Provision / Interlocutory Order for Mediation

Legal Issues

  1. 1 ['Whether to order compulsory mediation under s.110K of the Supreme Court Act 1970']

Ratio Decidendi

Given the likely disproportion between the cost of a four-day hearing and the size of the estate, and the parties' failure to agree to mediation despite prior recommendation, the Court ordered the whole proceedings to mediation under s.110K of the Supreme Court Act 1970.

Court Disposition

Proceedings referred to mediation by court's motion.

Orders

  • ['The whole of the proceedings be referred for mediation pursuant to s.110K of the Supreme Court Act 1970.' 'The parties are directed to obtain an appointment for and attend an Information Session with Registrar Berecry.' 'Costs of the mediation are reserved.']