Robinson v Robinson

• 1. Succession
  2. › Family provision
  3. › Releases under s 95 Succession Act 2006 (NSW)
  4. › Approval of releases by court
  5. › Whether primary judge failed to consider each of the matters listed in s 95(4)
  6. › Whether adequate evidential basis for approval
  7. › Whether approval could properly be made in chambers on the papers
  8. › Succession Act 2006 (NSW), s 95
• 1. Appeal
  2. › Family provision appeals
  3. › Scope of leave to appeal
  4. › Application for leave to amend grounds of appeal
  5. › Whether new ground raising capacity issue should be permitted on appeal
  6. › Whether additional evidence should be admitted
  7. › Civil Procedure Act 2005 (NSW), s 76
• 1. Restitution
  2. › Change of position defence
  3. › Moneys paid pursuant to court orders subsequently set aside on appeal
  4. › Whether change of position defence available
  5. › Whether expenditure on pre-existing obligations and everyday expenses constitutes change of position
  6. › Whether estoppel or waiver applies where recipient actively preparing appeal

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