Federal Court of Australia
Supreme Court of Norfolk Island
Deputy Curator of Deceased Estates, in the matter of Green [2024] NFSC 1 File number: SC 1 of 2021
Judgment of: BESANKO CJ
Date of judgment: 25 January 2024
Catchwords: SUCCESSION — application by Deputy Curator of Deceased Estates pursuant to s 130 of the Administration and Probate Act 2006 (NI) — whether document purporting to be final will of the deceased is a valid will — where only one witness subscribed the will — whether, if the will is not valid, the estate be distributed on intestacy — whether adoption orders made under the Adoption Act 1955 (NZ) are effective adoption orders for the purposes of the Adoption of Children Act 1932 (NI) — consideration of common law principles for the recognition of foreign adoption orders — whether the relevant adoption orders were made in breach of the rules of natural justice — whether legislation of New Zealand or Norfolk Island determines succession rights of adopted children
Legislation: Administration and Probate Act 2006 (NI) ss 3, 5, 58, 61, 63, 121, 130, Part 2.2 Sch 2 Adoption Act 2000 (NSW) s 95 Adoption of Children Act 1932 (NI) ss 2, 4, 9 Supreme Court Act 1960 (NI) s 5 Supreme Court Act 1933 (ACT) s 3 Succession Act 2006 (NSW) s 109 Wills Act 1973 (NI) s 7 Wills Act 2012 (NI) s 59 Adoption Act 1955 (NZ) ss 2, 7, 16
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