23 Feb 2018
The Committee and Tribunal were entitled to conclude the agent's errors were short, inadvertent and immaterial; the appellant failed to prove causation between the delays and her unsuccessful tender and accordingly the conduct did not meet the statutory threshold for unsatisfactory conduct under s72; the appeal is dismissed.
6 Dec 2011
The domestic purposes benefit (a means‑tested discretionary benefit) must be excluded from the applicant's means for interim s82 maintenance in line with Ropiha and the public policy of not shifting maintenance obligations to the state; the Family Court judge's inclusion of legal costs was an error of principle but immaterial to the outcome because the judge's assessed reasonable needs were lower than the applicant's pared‑back budget; the respondent's evasive evidence and available trust/company perquisites supported the conclusion he had the capacity to meet an interim award of $770 per wee…
22 Dec 2008
The High Court allowed the appeal in part, holding the Family Court judge erred by giving excessive weight to the testatrix's pre‑existing reasons and failing to account for a material change in Judith O'Connor's circumstances and the true financial dependency of Lynne Ashcroft; there was a breach of the testatrix's moral duty to both appellants and limited further provision was necessary to remedy the breach — $100,000 to Judith O'Connor and $150,000 to Lynne Ashcroft — while otherwise preserving the will's scheme and recognizing the testatrix's intention to prefer Todd Elliott.