Fairbrother v Fairbrother [2013] NSWSC 461

Supreme Court New South Wales

Medium Neutral Citation: Fairbrother v Fairbrother [2013] NSWSC 461 Hearing dates: 15 & 16 April 2013 Decision date: 03 May 2013 Jurisdiction: Equity Division Before: Windeyer AJ Decision: Proceedings dismissed Catchwords: SUCCESSION - family provision and maintenance - whether life insurance policy on life of deceased owned by deceased's former wife should be designated as notional estate - definition of "relevant property transaction" in s 75 of the Succession Act 2006 - whether deceased entered into "relevant property transaction" by failing to ask owner of life insurance policy to transfer it to deceased - time at which a transaction occurs pursuant to ss 77 and 80 - whether estate of deceased "disadvantaged" by payment of insurance premiums pursuant to s 83 - considerations relevant to making notional estate order pursuant to s 87 Legislation Cited: Succession Act 2006 Family Provision Act 1982 Cases Cited: Kavalee v Burbidge (1998) 43 NSWLR 422 Gosper & Ors v Vivienne Lorraine Gosper; Estate of the late James Murray Marsden Gosper (unreported, Bryson J, 22 October 1990, BC9001829) Category: Principal judgment Parties: Kari Lynn Fairbrother (Plaintiff) Karen Fairbrother (Defendant) Representation: Counsel: P Blackburn-Hart SC with R Quickenden (Plaintiff) J Needham SC (Defendant) Solicitors: John Ryan, solicitor (Plaintiff) Stephen Doyle & Associates (Defendant) File Number(s): 2011/300338