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Land law

Rance v Dempsey (No 5)

The Court appointed trustees for sale under s 66G of the Conveyancing Act, rejecting arguments based on an alleged quasi-proprietary spouse claim and pending Succession Act proceedings.

  • Co-ownership
  • Statutory trust for sale
  • Appointment of trustees for sale
  • Vacant possession
  • Potential interaction with family provision / spouse claim under succession act 2006 (nsw)
  • Statutory-trust-for-sale
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Succession law

Bardi v Giannaros

Bardi v Giannaros [2025] NSWSC 137

The Supreme Court of NSW refused interim family provision to a Greece-based plaintiff, finding eligible-person status unproven and discretion against relief.

  • Family provision
  • Interim orders
  • Eligible person status
  • Discretionary relief
  • Costs (indemnity basis)
  • Family-provision
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Succession law

Sutcliffe v Harper

Sutcliffe v Harper [2025] NSWSC 54

The Supreme Court of NSW found inadequate provision for an adult son and ordered that he receive the whole residue of his late mother's estate.

  • Family provision
  • Grant of probate
  • Testamentary intentions
  • Notional estate
  • Distribution of estate
  • Executor's liability
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Equity

Chester v Cowin (No 2)

Chester v Cowin (No 2) [2025] NSWSC 74

The court made consequential family provision orders, including a right to occupy the property, estate administration directions, and equal shares in the remaining estate.

  • Family provision
  • Right to occupy property
  • Costs (party/party, indemnity)
  • Offers of compromise (calderbank)
  • Estate administration
  • Family-provision
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Succession law

Liosatos v Liosatos

Liosatos v Liosatos [2025] NSWSC 44

The Court finalised a family provision claim by consent and made s 61 notations disregarding the interests of a non-applicant son and any unidentified ex-nuptial children.

  • Family provision
  • Service of notices
  • Disregard of interests under s 61 succession act
  • Search and notification obligations
  • Family-provision
  • Succession-act
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Succession law

McBride v McBride

McBride v McBride [2025] NSWSC 57

Family provision consent orders were made for a prisoner plaintiff, with leave granted nunc pro tunc if needed under the Felons Act and notional estate orders made.

  • Family provision
  • Standing of prisoners
  • Notional estate
  • Felons (civil proceedings) act application
  • Family-provision
  • Prisoner-standing
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Civil procedure

Chalik v Chalik (No 3)

Chalik v Chalik (No 3) [2024] NSWCA 313

The Court of Appeal dismissed two notices of motion seeking to revisit a stay order, holding there was no material change in circumstances after Price AJA's earlier decision.

  • Stay of orders pending appeal
  • Distribution of estate
  • Notice of motion procedure
  • Stay-pending-appeal
  • Estate-distribution
  • Notice-of-motion
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Succession law

Leverton v Predny

Leverton v Predny [2024] NSWSC 1638

The Supreme Court of NSW made family provision orders for two adult children, awarding Adam Leverton $250,000 and Alicia Leverton $300,000 from their mother’s estate.

  • Family provision
  • Adequate provision
  • Estrangement/lack of contact
  • Adult children's claims
  • Freedom of testation
  • Family-provision
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Succession law

Lea v Lea

Lea v Lea [2024] NSWSC 1587

The Court revoked probate, appointed an independent administrator, refused a representative order for the former executor, ordered an interim distribution, and made a personal costs order.

  • Revocation of probate
  • Appointment of independent administrator
  • Family provision
  • Constructive trust
  • Interim distribution
  • Costs
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Equity

Alessandra Hart v Gerard John Basha

Alessandra Hart v Gerard John Basha [2024] NSWSC 1559

The Court ruled on costs after a family provision dispute, finding the plaintiff’s offer of compromise invalid and refusing indemnity costs under r 42.14.

  • Costs
  • Family provision
  • Promissory estoppel
  • Case management
  • Family-provision
  • Succession-law
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.