Coffey v O'Halloran

• 1. Wills and Estates
  2. › Executors and administrators
  3. › Power to pass over named executors
  4. › Appointment of independent administrator
  5. › Dysfunctional relationship between executors
  6. › Conflict of interest between executor duties and personal interests
  7. › Whether court has power to pass over named executors and appoint independent administrator
  8. › Administration and Probate Act 1958 (Vic), s 15
• 1. Appeal
  2. › Leave to appeal
  3. › Application for leave to appeal from orders in probate proceeding
  4. › Whether proposed grounds of appeal devoid of merit
  5. › Whether proposed appeal has prospects of success
• 1. Practice and Procedure
  2. › Case management
  3. › Identification of issues for trial
  4. › Whether trial judge erred in limiting trial to three identified issues without formal pleadings
  5. › Civil Procedure Act 2010 (Vic), s 49

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