BIRCH v O'CONNOR [2005] NSWCA 90

BIRCH v O'CONNOR [2005] NSWCA 90

The District Court has jurisdiction under s 134(1)(c) of the District Court Act 1973 to designate property as notional estate and make orders for provision out of notional estate under the Family Provision Act 1982.

Jurisdiction
Australia
Judgment Date
22 March 2005
Procedural Posture
Appeal / Leave to Appeal and Substantive Determination of Appeal From District Court Order
Outcome
Appeal allowed; leave to appeal granted; District Court's order of adjournment set aside; proceedings remitted for further hearing; costs ordered to be paid by respondent out of the estate with certificate for payment out of Suitor's Fund.
Legal Topics
['notional Estate' 'district Court Jurisdiction Under Family Provision Act']
['family Provision' 'succession'] ['notional Estate' 'district Court Jurisdiction Under Family Provision Act']

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Procedural Posture

Appeal / Leave to Appeal and Substantive Determination of Appeal From District Court Order

Legal Issues

  1. 1 ['Does the District Court have jurisdiction to make orders designating property as notional estate under the Family Provision Act 1982?']

Ratio Decidendi

The District Court has jurisdiction under s 134(1)(c) of the District Court Act 1973 to designate property as notional estate and make orders for provision out of notional estate under the Family Provision Act 1982.

Court Disposition

Appeal allowed; leave to appeal granted; District Court's order of adjournment set aside; proceedings remitted for further hearing; costs ordered to be paid by respondent out of the estate with certificate for payment out of Suitor's Fund.

Orders

  • ['Leave to appeal granted.' 'Order of adjournment of 18 May 2004 set aside.' 'Proceedings remitted to the District Court to be further dealt with in accordance with this decision.' "Opponent and respondent to pay claimant and appellant's costs of the summons and appeal out of the estate." "Opponent and respondent to...