Barbuto, Bradley v Barbuto; Barbuto, James v Barbuto

[2019] NSWSC 1023

Supreme Court of NSW

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For Australian Law.

1. Civil Procedure
2. › Hearings
3. › Order that proceedings be heard together
4. › Two separate proceedings, each seeking a family provision order out of the same estate
5. › Agreement by parties that both proceedings be heard consecutively, with the evidence in one being evidence in the other
6. › Uniform Civil Procedure Rules 2005 (NSW) r 28.5
7. › Proceedings involve “a common question” and otherwise “desirable to make an order” under the rule
1. Succession
2. › Family Provision
3. › Extension of time for the making of the application required in respect of one applicant’s claim
4. › Parties to the proceedings consent to the application being made out of time pursuant to s 58(2) of the Succession Act
1. Succession
2. › Family Provision
3. › Necessity for applicant to make full and frank disclosure of his financial circumstances
4. › Where applicants fail to make full disclosure
5. › Large number of documents produced for inspection
6. › Documents inspected and summary prepared
7. › Documents relate to gambling and betting history of each applicant
8. › No suggestion, until the oral evidence of one of the applicants that documents do not record accurately his betting history

Citation[2019] NSWSC 1023

CourtNSWSC

JurisdictionNew South Wales

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