Matthew Sims (the deceased) died intestate on 22 May 2024, leaving three children: Molly (17), Thomas (16), and Sebastian (12). Molly and Thomas’s mother, Rebecca Moylan (the plaintiff), was previously in a de facto relationship with the deceased, which ended
Abuse: Scope of duty owed by guardian.
By Bill Madden
DB v The State of Western Australia [2025] WADC 60 (Link pending).
With thanks to Phil Gleeson for drawing attention to this decision of the District Court of Western Australia.
The plaintiff alleged that he was sexually abused as a…
Judicial Discretion & Family Provision
In Western Australia, the Family Provision Act 1972 (WA) provides “eligible persons” the right to challenge a deceased estate if they believe they’ve been inadequately provided for. Under the Family Provision Act 1972 (WA), specific individuals can apply to the…
Capacity & Voluntary Assisted Dying
In Western Australia, the Voluntary Assisted Dying Act 2019 (WA) governs Eligibility for Voluntary Assisted Dying (VAD). Section 16 outlines the strict eligibility criteria: an individual must be 18 or older.
When making their first request, the applicant must be…
Court Approved Statutory Will
Statutory Wills are an essential safeguard ensuring the fair administration of a person’s estate even when they can no longer express their wishes. However, strict legal standards apply, and anyone considering an application should seek legal advice and be prepared…
Administration Pendente Lite under s 35 of the Administration Act 1903 (WA)
Section 35 of the Administration Act 1903 (WA) codified Administration pendente lite, empowering the court to appoint an administrator of the personal estate and a receiver of real estate during litigation relating to the validity of a Will or…
Burial? Cremation? – Conflict between next of Kin
The Supreme Court of Western Australia has inherent jurisdiction to resolve disputes concerning controlling a deceased’s funeral and disposal of the body. This jurisdiction is preserved by s4 of the Administration Act 1903 (WA).
The legal framework is based…
Disclaimer of Interest and Administration of Estate
Disclaimer of Gifts or Entitlements
Beneficiaries are not obligated to accept a gift under a will or an entitlement arising from intestacy. A beneficiary may disclaim a gift or entitlement, which can be made verbally, in writing, or through conduct. …
Injunction to restrain solicitor
The Court’s jurisdiction to grant an injunction preventing a solicitor from acting is based on safeguarding the legal practitioner’s duties to the Court. As explained by Heenan J in Holborow v Macdonald Rudder [2002] WASC 265, A lawyer may…
(WIP) Investing in WA: energy reforms in the Pilbara—unpacking the North-West Interconnected System
By Allens
Decarbonising the Pilbara region
8 min read
The North-West Interconnected System (NWIS) has become a central focus of the WA Government’s energy sector reform agenda in recent years. Since the introduction of the Pilbara Regime in July 2021, a series…