A solicitor's oversight in failing to commence family provision proceedings within the 12-month limitation period under s 58(2) of the Succession Act 2006 (NSW) does not by itself constitute 'sufficient cause' for an extension of time; something more is required. However, where the estate is already on notice of the intended claim within the statutory period, the solicitor's failure to file proceedings within time will not usually be fatal. The court will also consider the strength of the underlying claim when assessing whether to extend time. A plaintiff's unreasonable refusal of settlement offers may be taken into account as a discretionary factor under s 60(2)(p).
The full text is available to signed-in members, including the 39 later cases that cite this judgment.
2 of the 39 citing cases carry a classified treatment. How each court treated it is available to signed-in members.