McBride v McBride [2025] NSWSC 57

McBride v McBride [2025] NSWSC 57

There is no relevant common law principle inhibiting the plaintiff’s maintenance of the family provision proceedings, and if leave is required under the Felons (Civil Proceedings) Act 1981 (NSW), it should be granted nunc pro tunc; orders for provision and notional estate designation were made to implement settlement and resolve standing.

Parties
Plaintiff: David McBride; Defendant: Louise McBride
Jurisdiction
Australia
Judgment Date
03 February 2025
Procedural Posture
Family Provision Claim / Final Orders After Settlement and Determination of Standing
Outcome
Orders made finalising family provision claim; leave granted nunc pro tunc if required; provision for plaintiff awarded.
Legal Topics
Family Provision, Standing of Prisoners, Notional Estate, Felons (civil Proceedings) Act Application
Succession Law Civil Procedure Family Provision Standing of Prisoners Notional Estate Felons (civil Proceedings) Act Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

David McBride

Plaintiff

Louise McBride

Defendant

Procedural Posture

Family Provision Claim / Final Orders After Settlement and Determination of Standing

Legal Issues

  1. 1 Whether a convicted prisoner can maintain and settle family provision proceedings commenced prior to conviction while in custody
  2. 2 Whether the Felons (Civil Proceedings) Act 1981 (NSW) applies to Commonwealth offences
  3. 3 Interpretation of standing and leave requirements for civil proceedings by prisoners

Ratio Decidendi

There is no relevant common law principle inhibiting the plaintiff’s maintenance of the family provision proceedings, and if leave is required under the Felons (Civil Proceedings) Act 1981 (NSW), it should be granted nunc pro tunc; orders for provision and notional estate designation were made to implement settlement and resolve standing.

Court Disposition

Orders made finalising family provision claim; leave granted nunc pro tunc if required; provision for plaintiff awarded.

Orders

  • Leave, if required under Felons (Civil Proceedings) Act 1981 (NSW), granted nunc pro tunc for maintenance and settlement of proceedings by plaintiff.
  • Pursuant to section 59 Succession Act 2006, plaintiff to receive a lump sum of $75,000 from notional estate.