Giurina v Sheriff (Vic)

[2024] VSCA 112

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Interlocutory injunction
3. › Prima facie case
4. › Whether applicant established serious question to be tried
5. › Whether property no longer property of estate
6. › Whether balance of convenience favoured grant of injunction
7. › Supreme Court Act 1986 (Vic), s 37(1)
1. Property
2. › Caveats
3. › Leave to lodge caveat
4. › Where court order requires leave
5. › Test to be applied
6. › Whether arguable caveatable interest on balance of convenience
7. › Transfer of Land Act 1958 (Vic), ss 89A, 90(3)
1. Succession Law
2. › Administration of estates
3. › Completion of administration
4. › Real property devised to specific beneficiary
5. › Whether administration complete where legal title remains registered in name of deceased
6. › Administration and Probate Act 1958 (Vic), ss 13(1), 41, 49(1)
7. › Transfer of Land Act 1958 (Vic)

Quick Take

The estate cannot be regarded as fully administered in respect of real property until legal title has been formally transferred to the beneficiary, regardless of informal steps such as payment of outgoings or purported assents.

Case Details

Citation[2024] VSCA 112

CourtVSCA

JurisdictionVictoria

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Cited by5

2026Morris v MorrisVSCA 256
2026Giurina v Sheriff (Vic)VSCA 229
and 3 more after sign-in

Relies on25

2023Giurina v Greater Geelong City Council & AnorVSCA 299
2023Giurina v Greater Geelong City CouncilVSCA 148
2023Greater Geelong City Council v Giurina & AnorVSC 59
2023Rocky Point Holdings Pty Ltd v TEB Enterprises Pty LtdQSC 20
and 21 more after sign-in

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