Alexiou v Alexiou [2024] NSWSC 1340

Supreme Court New South Wales

Medium Neutral Citation: Alexiou v Alexiou [2024] NSWSC 1340 Hearing dates: 22 and 24 August 2022; 24, 25 and 26 October 2023 and 27 May 2024; Submissions 8 October 2024 Decision date: 24 October 2024 Jurisdiction: Equity - Family Provision List Before: Lindsay J Decision: Subject to allowing the parties to be heard as to the form of orders and costs, an adult son (estranged from his deceased father) is to be granted family provision relief, subject to regulatory restrictions on costs payable out of the deceased's estate and as between lawyers and their respective clients. Catchwords: SUCCESSION — Family provision — Claim by adult son — Fractured relationship between the deceased and son – Deceased made provision for son's children in lieu of son – Failure by the deceased to make sufficient provision – Provision made SUCCESSION — Family provision – Costs – Court's inherent jurisdiction to make costs orders to regulate costs between lawyer and client Legislation Cited: Civil Procedure Act 2005 NSW Family Provision Act 1982 NSW Legal Profession Uniform Law Application Act 2014 Succession Act 2006 NSW Testator's Family Maintenance and Guardianship of Infants Act 1916 NSW Succession Regulation 2020 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: Alexiou v Alexiou [2020] NSWSC 748 Bassett v Bassett [2021] NSWCA 320 Baychek v Baychek [2010] NSWSC 987 Blendell v Byrne (No 2) [2019] NSWSC 798 Chan v Chan [2016] NSWCA 222; 15 ASTLR 317 Detheridge v Detheridge [2019] NSWSC 183 Hartnett v Bell [2023] NSWCA 244 Koellner v Spicer [2019] NSWSC 1571 Mohareb v Harbour Radio Pty Ltd [2020] NSWCA 231 Myers v Elman [1940] AC 282 Pontifical Society for the Propagation of Faith v Scales (1962) 107 CLR 8 Rajski v Computer Manufacture & Design Pty Ltd Green (as liquidator of Arimco Mining Pty Ltd) v CGU Insurance Ltd [2008] NSWCA 148; (2008) 67 ACSR 105 Re Felicity; FM v Secretary, Department of Family and Community Services (No 4) [2015] NSWCA 19 Reeves v Reeves (No 2) [2024] NSWSC 386 Sgro v Thompson [2017] NSWCA 326 Singer v Berghouse (1993) 67 ALJR 708; 114 ALR 521 Wheatley v Lakshmanan [2022] NSWSC 851 Texts Cited: GE Dal Pont, Law of Costs (Lexis Nexis Butterworths, Australia, 5th ed, 2021) Category: Principal judgment Parties: Plaintiff: Arthur Alexiou First Defendant: Voula Alexiou Second Defendant: Costa Odysseus Alexiou Third Defendant: Jason Achilles Alexiou Representation: Counsel: