NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Phillips v James [2012] NSWSC 688 Hearing dates: 15 May &16 May, 13 June 2012 Decision date: 22 June 2012 Jurisdiction: Equity Division Before: Stevenson J Decision: Claim for family provision refused Catchwords: SUCCESSION - family provision - application by adult son - application made after estate distributed - whether applicant consented in writing to distribution - notional estate - reasonable expectations as to property - justice and merits of making order for provision Legislation Cited: Succession Act 2006 Cases Cited: Cabban v Cabban [2010] NSWSC 1433 Foley v Ellis [2008] NSWCA 288 Gersbach v Blake [2011] NSWSC 368 Gorton v Parks (1989) 17 NSWLR 1 Lajcarova v Todorov [2011] NSWSC 522 McKenzie v Topp [2004] VSC 90 Singer v Berghouse (No 2) (1994) 181 CLR 201 The Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR 9 Category: Principal judgment Parties: Brian Phillips (plaintiff) Gaye James (first defendant) Gary Phillips (second defendant) Representation: Counsel: S Galitsky (plaintiff) P W Bates (defendants) Solicitors: D Stanefska & Associates (plaintiff) Needs Chan & Monahan (defendants) File Number(s): SC 2010/420872
Judgment
Introduction 1This is an application by an adult son for family provision from the estate of his late mother. 2As the whole of the estate has been distributed, provision can only be made from the deceased's notional estate.
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