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Succession
Hewitt v Bayntun & Allianz Australia Insurance Ltd [2015] QSC 250 McMeekin J His Honour considered whether a claim compromised in sum of $1,000,000 was required to be sanctioned pursuant to s59 Public Trustee Act 1978 (Qld) and whether an administrator should be appointed – ‘a person with impaired capacity for a matter within the meaning of the...
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Re K [2014] QSC 94   JUDGE:                     Atkinson J ORDERS:                  1. The applicant is authorised to make the proposed will. CATCHWORDS: SUCCESSION – MAKING OF A WILL – TESTAMENTARY CAPACITY – MINORS – where the applicant is a minor – where the applicant’s personal injury claim is expected to settle for a significant award of damages...
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The Trust Company Limited v Gibson & Anor [2012] QSC 183   The decision of her Honour Mullins J is significant in its departure from previous Queensland decisions. Mullins J preferred the reasoning in RL v NSW Trustee and Guardian [2012] NSWCA 39 and so held the sale of the matrimonial home to fund the...
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Re: Yu [2013] QSC 322   JUDGE: Peter Lyons J  ORDER: I make an order in terms of the draft.  CATCHWORDS: SUCCESSION – MAKING OF A WILL – EXECUTION – INFORMAL DOCUMENT INTENDED TO BE WILL –MEANING OF “DOCUMENT” – where the deceased took his own life – where shortly before he died he created...
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Gundy v Eatts [2013] QSC 297  A decision of interest having regard to the definition of a child by reference to the Acts Interpretation Act to include “descendant” and “descendant” was defined to include, in relation to Aboriginal people, “a descendant under Aboriginal tradition”. In turn, Aboriginal Tradition was defined to mean traditions, observances and customs in...
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Kate Jane Bazley v Wesley Monash IVF Pty Ltd [2010] QSC   An application was brought by a widow in respect of stored sperm (gametes) of her late husband seeking an order the respondent continue to store them. The relevant terms of the contract between the respondent and the applicant’s late husband incorporated the National Health and Medical...
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