NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Allen v Allen [2012] NSWSC 140 Hearing dates: 23/11/11, 24/11/11 Decision date: 22 March 2012 Jurisdiction: Equity Division Before: Associate Justice Macready Decision: (1)The plaintiff's summons is dismissed; (2)I will hear submissions on costs. Catchwords: WILLS AND ESTATES - Succession Act 2006 - application for family provision order by daughter of deceased - four children of deceased all beneficiaries - daughter received provision of 15% of estate - daughter estranged from deceased - small estate - other beneficiaries with significant needs - application dismissed Legislation Cited: Evidence Act 1995 Family Provision Act 1982 Succession Act 2006 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Foley v Ellis [2008] NSWCA 288 Ford v Simes [2009] NSWCA 351 Gianoutsos v Glykis [2006] NSWCCA 137 Kleinig v Neal (No 2) [1981] 2 NSWLR 532 Smilek v Public Trustee [2008] NSWCA 190 Singer v Berghouse (1994) 181 CLR 201 Taylor v Farrugia [2009] NSWSC 801 Walker v Walker (NSWSC, 17 May 1996, unreported) Category: Principal judgment Parties: Denise Anne Allen (plaintiff) Richard Derrick James Allen (defendant) Representation: Mrs S Foda (plaintiff) Mr R Colquhoun (defendant) Solicitors: Bales Boshev Lawyers (plaintiff) John Katen Lawyer (defendant) File Number(s): 2010/421895
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