Patiniotis v Garling [2025] TASFC 5 (Link to JADE).
With thanks to Richard O’Keefe for drawing attention to this decision of the Full Court of the Supreme Court of Tasmania.
Ms Garling’s claim had succeeded at trial, she recovered
Adopted Adult Stepchild & Family Provision – under the Testator’s Family Maintenance Act 1912 (Tas)
Tasmanian Family Provision Claims
In Tasmania, the Testator’s Family Maintenance Act 1912 provides that specific family members can make a “family provision claim” from the estate if the deceased lived in and owned real estate in Tasmania at the date…
(WIP) Stamp duty complexities in Sale and Purchase Agreements: insights from Van Dairy
By Allens
Care required not to trigger duty or double duty
10 min read
The recent Tasmanian case of Van Dairy1 suggests that an agreement to procure a sale of property might be liable to duty as an agreement for sale,…
Criteria for determining Family Provision application
In Tasmania s3 of the Testator’s Family Maintenance Act 1912 (the Act), the first issue to be determined by the Court is whether the Will left the applicant without adequate provision for their proper maintenance and support (the jurisdictional question) to…
Significant Relationship on Intestacy
GFR v SRP [2023] TASSC 15 concerns the estate of HMW (the deceased), who died intestate on 4 September 2021. The central issue is whether SRP, the mother of the deceased’s child and HMW’s former cohabitant, was his spouse under…
Revocation of Probate after a later Will is found
In Tasmania, the Supreme Court has the exclusive authority to issue orders concerning
- the validity of a deceased person’s Will,
- the appointment of an executor or administrator, and
- the management of deceased estates.
However, revocation of a Grant of probate…
Tasmania State Nomination 2024/25 – 190 & 491 visa
Tasmania state nomination has a total of 2,860 skilled nomination places available:: Skilled – 190 permanent residency visa 2,100 Skilled […]
The post Tasmania State Nomination 2024/25 – 190 & 491 visa appeared first on Migration Agent, Sydney – My…
Abuse: Damages assessment (Tasmania).
By Bill Madden
Munting v Pollard & Anor [2024] TASSC 30 (Link to AUSTLII)
With thanks to Lucinda Gunning for drawing attention to this decision of the Supreme Court of Tasmania.
The plaintiff alleged that when student at a school operated by…
Medical: Surgical procedure.
By Bill Madden
Garling v Patiniotis [2024] TASSC 29 (Link to JADE)
As summarised in the judgment at [2]:
No issue is taken with the defendant’s recommendation of the stapled haemorrhoidectomy as the appropriate procedure to deal with the plaintiff’s haemorrhoids. However, the plaintiff…
Abuse: Setting aside Deed & Assessment of Damages.
By Bill Madden
Steen v Trustees of the Diocese of Tasmania [2024] TASSC 3 (Link to AUSTLII)
The plaintiff brought this action in respect of sexual abuse perpetrated upon him by an Anglican priest when he was a child. The abuse took…