Freezing orders, often referred to as asset preservation or Mareva orders, are issued by the Supreme Court to safeguard an individual’s assets. A freezing order prevents the hiding, transferring, or spending of assets believed to have been obtained unlawfully (directly…

In New South Wales, an applicant for a family provision order must first establish they are an “eligible person.” s57(d) of the Succession Act 2006 (NSW) provides that a “former spouse” is an eligible person and, in certain circumstances, may…

In the Australian Capital Territory, s11A of the Wills Act 1968 allows a document that reflects the deceased’s testamentary intentions to be recognised as a Will, even if it wdoesn’t meet formal execution requirements if the Supreme Court finds intent.…

In Queensland, s13 of the Succession Act 1981 describes how a testator may revoke a previously executed will. A testator can revoke a Will by drafting a new Will, signing a document that indicates a desire to revoke the Will…

The Court’s jurisdiction to grant an injunction preventing a solicitor from acting is based on safeguarding the legal practitioner’s duties to the Court. As explained by Heenan J in Holborow v Macdonald Rudder [2002] WASC 265, A lawyer may…

Kavanagh v Londy [2024] QCA 140 (Davis J, Bond JA, and Mitchell AJA concurring) concerning Mary Kavanagh (the deceased), who was 100 years old at the time of her death, childless and lacking any immediate relatives to claim her $2…

Re Estate of Luttrell [2024] VSC 598 was an application for rectification of the Will dated 20 March 1996 of the late Elizabeth Ann Luttrell, who died on 4 August 2022, with her husband, Tasman Percy Luttrell, dying 28 days…