NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Flanagan v Fisher [2021] NSWSC 598 Hearing dates: 20 May 2021 Date of orders: 27 May 2021 Decision date: 27 May 2021 Jurisdiction: Equity - Family Provision List Before: Kunc J Decision: Provision ordered Catchwords: SUCCESSION – Family Provision – Claim by adult child – Deceased and former wife were legal guardians of plaintiff – No significant contact between plaintiff and deceased for 26 years – Whole estate left to RSPCA Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Family Law Act 1975 (Cth) Infants Custody and Settlement Act 1899 (NSW) Probate and Administration Act 1898 (NSW) Succession Act 2006 (NSW) Cases Cited: Camernik v Reholc [2012] NSWSC 1537 Foley v Ellis [2008] NSWCA 288 Marshall v Carruthers; Marshall v Marshall [2002] NSWCA 47 Marshall & Ors v Redford [2001] NSWSC 763 Palmer v Dolman; Dolman v Palmer [2005] NSWCA 361 Vigolo v Bostin (2005) 221 CLR 191; [2005] HCA 11 Category: Principal judgment Parties: Andrew Peter McGuinness Flanagan (Plaintiff) Matthew John Fisher (Defendant) Representation: Counsel:
L Clarke (Plaintiff) Dr S Chapple (Defendant)
Solicitors:
Hudson Law (Plaintiff) Thurlow Fisher Lawyers (Defendant) File Number(s): 2020/255646 Publication restriction: No
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