Austin v Austin [2019] NSWSC 1397

Supreme Court New South Wales

Medium Neutral Citation: Austin v Austin [2019] NSWSC 1397 Hearing dates: 28 August 2019 Date of orders: 30 August 2019 Decision date: 30 August 2019 Jurisdiction: Equity Before: Hallen J Decision: See Paragraph [63] Catchwords: SUCCESSION – Family Provision – Approval sought of inter vivos release made by the Defendant in respect of his rights to make an application for a family provision order in respect of the estate of his wife, the Plaintiff, in the event she shall become a deceased person – No proceedings extant between the parties and no other familial dispute between them – Section 95 Succession Act 2006 (NSW) – Extent of circumstances considered on approval of inter vivos release – Importance of the parties' right to enter into agreement – Whether inter vivos release made should be approved by Court – Amended release made by the Defendant – Amended release approved Legislation Cited: Civil Procedure Act 2005 (NSW) Succession Act 2006 (NSW) Cases Cited: Abrahams v Abrahams (2015) 13 ASTLR 406; [2015] QCA 286 Affoo v Public Trustee of Queensland (2012) 1 Qd R 408; [2011] QSC 309 Bartlett v Coomber [2008] NSWCA 100 Kelly v Kelly [2019] NSWSC 994 Robinson v Robinson [2019] NSWCA 180 Smith v Smith (No 3) (1986) 161 CLR 217; [1986] HCA 36 Category: Principal judgment Parties: Fiona Louise Mac Cormick Austin (Plaintiff) Philip Daniel Austin (Defendant) Representation: Counsel: Mr A Harding (Plaintiff) Mr M Jassy (Solicitor) (Defendant)