15 Sept 2020
The litigation guardian was not removed because the Court found she can fairly and competently conduct the proceedings, does not possess interests adverse to the incapacitated plaintiff (her interests are aligned), and removal would likely terminate the proceeding and deny the plaintiff access to justice; Family Court criticisms did not establish sufficient grounds for removal.
27 Apr 2012
Because joint business and financial interests made the defendant's personal interests inevitably diverge from the estate's interests and produced real conflicts (notably over the Asteron Policy proceeds and company control), the defendant was unfit to continue as executor and trustee; clause 8 of the relationship property agreement created a trust obligation on the survivor to hold $450,000 of Asteron proceeds on trust and pay that sum to the executors to apply in reduction of the estate's share of the ANZ business debt; plaintiffs were not removed.
27 Oct 2011
The court declined to remove Lilian on the interim application and ordered that all three executors and trustees remain in office pending the settlement conference or determination on 2 February 2012; it made specific interim orders governing payments, sale of assets and distributions, and directed a judicial settlement conference with timetabled filing obligations and a hearing date to resolve remaining issues.