Parks v The King

[2024] VSCA 84

Victorian Court of Appeal

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Interrogate

Catchwords

1. Wills and Estates
2. › Administration
3. › Administrator ad litem
4. › Limited grant of administration
5. › Appointment of interested party
6. › Whether applicant sufficiently independent
7. › Whether conflict of interest between duty as administrator and personal interest as potential Part IV claimant
8. › Administration and Probate Act 1958 (Vic), ss 22, 27, 57
1. Wills and Estates
2. › Administration
3. › Administration guarantee
4. › Surety under s 57
5. › Whether guarantee required as condition of grant ad litem
6. › Construction of Supreme Court (Administration and Probate) Rules
7. › Whether Re Tratt approach applies under current rules
8. › Administration and Probate Act 1958 (Vic), s 57
1. Appeal
2. › Leave to appeal
3. › Discretionary decision
4. › House v The King principles
5. › Whether judge's weighing of competing considerations disclosed error
6. › Whether decision was reasonably open

Quick Take

An applicant seeking appointment of an interested party as administrator ad litem must proffer conditions to protect the estate and adduce evidence giving colour to the prospects of any underlying claim that motivates the application.

Case Details

Citation[2024] VSCA 84

CourtVSCA

JurisdictionVictoria

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The full text is available to signed-in members, including the 1 later case that cites this judgment.

Cited by1

2026Lee v YapVSCA 20

Relies on8

2013Mataska v BrowneVSC 62
2006Dressing v Porter & AnorVSCA 215
2005Freebairn, DeceasedSASC 497
2005Hunter v Transport Accident Commission & AvalancheVSCA 1
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