Vaughan v Curran [2019] NSWSC 1562

Vaughan v Curran [2019] NSWSC 1562

Sufficient cause was shown for extending time for family provision applications, factors warranted making the orders for the applicants, and special circumstances justified notional estate orders. Orders were made by consent to distribute lump sums from the notional estate to Lurrain Vaughan, Fallon O'Brien, and Sarah Micallef.

Jurisdiction
Australia
Judgment Date
11 November 2019
Procedural Posture
Family Provision Application / Consent Judgment at First Instance
Outcome
Orders made by consent in accordance with the terms of settlement in Appendix 1 (for 2018/80076) and Appendix 2 (for 2018/182471)
Legal Topics
['family Provision Orders' 'notional Estate' 'extension of Time' 'special Circumstances Under Succession Legislation']
['succession Law' 'equity'] ['family Provision Orders' 'notional Estate' 'extension of Time' 'special Circumstances Under Succession Legislation']

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Procedural Posture

Family Provision Application / Consent Judgment at First Instance

Legal Issues

  1. 1 ['Whether sufficient cause has been shown to extend time to bring family provision applications under section 58(2) of the Succession Act 2006 (NSW)' 'Whether there are factors warranting the making of family provision orders' 'Whether there are special circumstances justifying making notional estate orders under section 79 and section 90 of the Succession Act 2006 (NSW)']

Ratio Decidendi

Sufficient cause was shown for extending time for family provision applications, factors warranted making the orders for the applicants, and special circumstances justified notional estate orders. Orders were made by consent to distribute lump sums from the notional estate to Lurrain Vaughan, Fallon O'Brien, and Sarah Micallef.

Court Disposition

Orders made by consent in accordance with the terms of settlement in Appendix 1 (for 2018/80076) and Appendix 2 (for 2018/182471)

Orders

  • ['Time extended for applicants to file family provision applications.' 'Lurrain Vaughan to receive $225,000 lump sum from the estate or notional estate.' "Fallon O'Brien to receive $50,000 lump sum from the estate or notional estate." 'Sarah Micallef to receive $50,000 lump sum from the estate or notional estate.'...