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Case Watch

Falcken & Weule [2019] FamCAFC 140 (16 August 2019)
Did the primary judge err in concluding that the property interests be divided 53 per cent to 47 per cent in favour of the wife?
Case overview: This case involves the Court’s reasoning in the division of property when the pool of assets includes a disability insurance payment. The Court decided to not alter the finding of the primary judge in the division of 53% to 47% in favour of the wife.
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Case Watch: October 2019

Callaway v Callaway; The Estate of Aileen Margaret Callaway [2019] NSWSC 1275
CIVIL PROCEDURE – Probate and administration of estates
Case overview: This case involves the difficulty of navigating a strained relationship between two brothers over the probate of their late mother’s estate. Each party sought differing outcomes 1) the granting of probate to one of the brothers as their eldest brother had died and therefore the probate is passed over, or 2) the appointment of an independent administrator.
This case highlighted the primary concern of the Court is to ensure the estate will be efficiently and properly administered according to the terms of the will: Mavrideros v Mack (1998) 45 NSWLR 80 (at [107] and [108]); (1988) NSWCA 286.

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