Rijven v Lynam and Rijven

[2023] ACTSC 265

Supreme Court of the ACT11 September 2023

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Interrogate

Catchwords

1. Succession
2. › Family provision
3. › Consent orders
4. › Setting aside consent orders
5. › Where executor failed to represent beneficiary's interests
6. › Where court unaware of beneficiary's opposition
7. › Family Provision Act 1969 (ACT), s 9A
1. Succession
2. › Family provision
3. › Role of executor
4. › Duty to represent all beneficiaries
5. › Duty to place competing claims before court
6. › Conflict of interest between executor and beneficiary
7. › Court Procedures Rules 2006 (ACT), rr 210, 256
1. Succession
2. › Family provision
3. › Court's supervisory role
4. › Consent orders in family provision proceedings
5. › Whether court merely rubber-stamps settlement
6. › Thresholds to be met even where agreement compromising claim
7. › Family Provision Act 1969 (ACT), ss 8, 9A
1. Practice and Procedure
2. › Setting aside orders
3. › Inherent jurisdiction
4. › Orders not reflecting court's intention
5. › Irregularly entered judgment
6. › Court Procedures Rules 2006 (ACT), r 1613(2)(d), (e)

Quick Take

Consent orders in family provision proceedings may be set aside where executors fail to represent the interests of all beneficiaries and the court proceeds on a misapprehension that all beneficiaries are represented. Executors must ensure that competing claims of beneficiaries are placed before the court, or that beneficiaries with competing interests are joined as parties. The level of supporting material required for consent orders varies depending on the circumstances, including the nature of beneficiaries' interests and the extent of interference with the will.