› r 31.3 Uniform Civil Procedure Rules 2005 (NSW), Pt 1A Evidence (Audio and Audio Visual Links) Act 1998 (NSW)
Evidence
› Application of “rule” in Jones v Dunkel
Evidence
› Self-incrimination
› Informing witnesses of rights
› Obligation under s 132 Evidence Act 1995 (NSW) regarding objections pursuant to s 132 to answering questions
› Objection may be taken by a witness to evidence on a particular topic as distinct from evidence on a particular question
Succession
› Executors and administrators
› devastavit and wilful default
› Assessment of claims of devastavit and wilful default must be considered in light of the terms of the deceased’s Will and in particular whether the deceased has by provisions of the Will in the powers given to the executor modified fiduciary duties
Case Details
Citation[2023] NSWSC 206
CourtNSWSC
JurisdictionNew South Wales
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