Enoch v Public Trustee of Qld

[2005] QSC 194

Supreme Court of Queensland

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Succession
2. › Family provision and maintenance
3. › Practice
4. › Time for making application
5. › Extension of time
6. › Whether extension of time should be allowed
7. › Delay attributable to solicitors' oversight
8. › No prejudice to beneficiaries
9. › Strong substantive case
10. › Succession Act 1981 (Qld), s 41(8)
1. Succession
2. › Family provision and maintenance
3. › Determination of adequate provision
4. › Two-stage process
5. › Whether applicant left without proper provision
6. › What provision ought to be made
7. › Succession Act 1981 (Qld), s 41(1)

Quick Take

A short delay of a few days in filing a family provision application under s 41(8) of the Succession Act 1981 (Qld), caused by solicitors' oversight rather than the applicant's own conduct, will be excused where the estate is undistributed, there is no unconscionable conduct, and the applicant has strong prospects on the merits. The time limit in s 41(8) is substantive, not merely procedural, and the onus is on the applicant to justify the extension.