Baumanis bht Baumanis v Brennan [2024] NSWSC 681

Supreme Court New South Wales

Medium Neutral Citation: Baumanis bht Baumanis v Brennan [2024] NSWSC 681 Hearing dates: 25 March 2024, 20 May 2024, 23 May 2024 Date of orders: 5 June 2024 Decision date: 05 June 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: See [232]. Catchwords: SUCCESSION — Family provision — Claim by adult child — where young adult children of the deceased — where no provision made — where one child severely disabled — where one school age child – where defendant accepts some provision should be made — amount of provision to be made SUCCESSION — Family provision — Notional estate — where estate likely to be insolvent — where deceased's real property transferred into joint tenancy immediately before death – where deceased's real property transferred to defendant on his death as surviving joint tenant — where deceased directed large sums of cash from insurance and superannuation to defendant prior to his death — whether notional estate order should be made in relation to cash and real property – identification of cash and real property to be designated as notional estate Legislation Cited: Income Tax Assessment Act 1997 (Cth) s 112-20 Probate and Administration Act 1898 s 75 Succession Act 2006 (NSW) ss 57, 59, 60, 75, 76, 78, 80, 83, 87, 88, 89, 91, 99 Cases Cited: Aveyard v Selwood; Philpott v Selwood; Riley v Selwood [2024] NSWSC 29 Chan v Chan [2016] NSWCA 222 Ford v Simes [2009] NSWCA 351 Georgopoulos v Tsiokanis [2022] NSWSC 563 Jodell v Woods [2017] NSWSC 143 Maria Oliveira by her tutor Ivo De Oliveira v John Antonio Oliveira [2023] NSWSC 1130 Phillips v James [2014] NSWCA 4 Re Duff (1948) 48 SR (NSW) 510 Re Estate Harriett Cassel [2000] NSWSC 294 Steinmetz v Shannon [2019] NSWCA 114 Strang v Steiner [2019] NSWCA 143 Tarbes v Taleb [2023] NSWSC 565 Underwood v Gaudron [2014] NSWSC 1055 Vella v Vella; Vella v Vella [2020] NSWSC 849 Texts Cited: Family Provision in Australia (5th ed, 2017, LexisNexis) Category: Principal judgment Parties: Corey John Baumanis by his tutor Sharon Jane Baumanis (First Plaintiff) Jacinta Hope Baumanis (Second Plaintiff) Nikolai Albert Baumanis (Third Plaintiff) Dustin William Baumanis by his tutor Steven Crichton (Fourth Plaintif) Taylor Lynn Brennan (Defendant) Representation: Counsel: