Bradley v Irvine; Irvine v Irvine [2024] NSWSC 727

Supreme Court New South Wales

Medium Neutral Citation: Bradley v Irvine; Irvine v Irvine [2024] NSWSC 727 Hearing dates: 21 – 24, 27– 28 May 2024, last submissions 11 June 2024 Date of orders: 17 June 2024 Decision date: 17 June 2024 Jurisdiction: Equity Before: Pike J Decision: (1) Direct the parties to confer and to seek to agree orders to give effect to these reasons. (2) Direct the parties to provide any agreed orders, or competing orders, to my chambers by no later than 5pm on 1 July 2024. (3) In the event there is no agreement as to costs, direct the parties to provide to my chambers by no later than 5pm on 1 July 2024 any submissions and supporting material on costs, such submissions not to exceed 3 pages. (4) Direct the parties to provide to my chambers by no later than 8 July 2024 any submissions and supporting material in reply on costs, such submissions not to exceed 3 pages. Catchwords: SUCCESSION – family provision – claim by adult stepchildren as alleged members of household and dependents of the deceased's estate under Succession Act 2006 (NSW), Ch 3 – where plaintiffs ceased contact with deceased after allegations of sexual abuse – deceased found not guilty of sexual abuse at trial – whether eligible persons – whether "factors warranting" the making of orders for provision out of the estate – whether deceased had moral duty to make provision for plaintiffs despite no contact SUCCESSION – family provision – claim by de facto spouse under Succession Act 2006 (NSW), Ch 3 –where de facto spouse has been dependent on the deceased – where provision for de facto spouse inadequate Legislation Cited: Evidence Act 1995 (NSW) Succession Act 2006 Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308 Bruce v Greentree [2015] NSWSC 1611 Dighton v Norwood [2024] NSWSC 318 Estate of Awad [2023] NSWSC 765 Fallow v Mullins [2012] NSWSC 406 GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32; (2023) 97 ALJR 857 Page v Page [2016] NSWSC 1218 Page v Page (2017) 16 ASTLR 331 Rada v Smith [2024] NSWSC 273 Re Fulop Deceased (1987) 8 NSWLR 679 Rowley v Bouwmeester [2005] TASSC 34 Spata v Tumino (2018) 95 NSWLR 706 Williamson v Williamson [2011] NSWSC 228 Wilson v Wright [2024] NSWSC 519 Yee v Yee [2017] NSWCA 305 Yuan v Huang [2024] NSWSC 313 Texts Cited: Nil Category: Principal judgment Parties: In proceedings 2021/314246: