A Daily Bulletin listing selected decisions
of Superior Courts of Australia

Wednesday, 4 March 2015

Case Summaries

Re RB, a protected estate family settlement [2015] NSWSC 70
 
This Supreme Court of New South Wales concerned an application for approval of family settlement concerning the estate of the defendant. The defendant was a protected person under section 38 of the NSW Trustee and Guardianship Act 2009.
 
The Court considered a range of issues including a statutory Will, family provision releases and the management and administration of property, then made orders for the approval of the family settlement, including a statutory Will, relating to the protected person.

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    Dimarti v Dimarti [2015] NSWSC 97
     
    This was a case in the Supreme Court of New South Wales in which the parties to proceedings had come to an underlying agreement for compromise of the proceedings, and pursuant to that agreement consent orders had been made.
     
    However the defendant sought by motion that the orders and the agreement be set aside on the basis that they were procured by the plaintiff’s unconscionable conduct within the meaning of sections 20, 21 and 22 of the Australian Consumer Law.
     
    The defendant also contended that the contract for compromise was an unjust contract within the meaning of section 7 of the New South Wales Contracts Review Act 1980, and that his medical condition operated against his full participation in the processes leading to the entry of the consent orders.
     
    The Court held that there had been no unconscionable conduct and that the contract was not unjust. The defendant had given fully informed consent to the agreement and to the orders made by the Court.
     
    The motion was therefore dismissed. 

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