DISTRICT COURT OF QUEENSLAND
CITATION: Allan v Dobbins & Ors [2024] QDC 169 PARTIES: NOEL CHARLES ALLAN
(applicant)
v GAYLE MAREE DOBBINS, DAVID WILLIAM ALLAN & COLLEEN PATRICIA HARVEY
(Executors of the Estate of the late David Allan)
(respondents)FILENO/S:
D11/21
DIVISION:
ORIGINATING COURT:
Civil
District Court at Mackay
DELIVEREDON: 4 October 2024 DELIVEREDAT: Brisbane HEARINGDATES: 30 May 2023, 31 May 2023 and 17 October 2023 (final
written submissions 21 December 2023)
JUDGE: Allen KC DCJ ORDER: 1. The application is dismissed.
2. Direct that:
a. the applicant file any evidence and/or submissions on costs within 14 days;
b. the respondents file any evidence and/or submissions on costs within 14 days of receipt of the applicant’s evidence and/or submissions;
c. the applicant file any submissions in reply within 7 days of receipt of the respondents’ evidence and/or submissions.
CATCHWORDS:
SUCCESSION – FAMILY PROVISION – REQUIREMENT FOR ADEQUATE AND PROPER MAINTENANCE – WHETHER APPLICANT LEFT WITH INSUFFICIENT PROVISION – CLAIMS BY
CHILDREN – claim by adult son – where the applicant had
been in a family farm partnership with the testator – where the applicant had settled litigation with the testator following
upon dissolution of the partnership – where a lengthy period of estrangement was followed by resumption of relationship – where applicant then received payments from testator for services – where testator’s will provided for nominal bequest to the applicant – competing claims of sibling beneficiaries – whether applicant left without adequate maintenance and support
Evidence Act 1977 (Qld), s 59
Succession Act 1981 (Qld), s 41
Briginshaw v Briginshaw (1938) 60 CLR 336
Collings v Vakas [2006] NSWSC 393
Chan v Chan [2016] NSWCA 222
Chapman v Ingold; Estate of the Late Eleanor Merle Ingold
[2015] NSWSC 1604Darveniza v Darveniza & Drakos as Executors of the Estate of Bojan Darveniza and Ors [2014] QSC 37 Hughes v National Trustees, Executors and Agency Company of Australia Limited (1979) 143 CLR 134
Jones v Dunkel (1959) 105 CLR 298
Pontifical Society for Propagation of Faith v Scales (1962) 107 CLR 9
Re Janson; Gash v Ruzicka [2020] VSC 449
Sgro v Thompson [2017] NSWCA 326
Singer v Berghouse (1994) 181 CLR 201
T v R & Anor [2019] QDC 220
Vigola v Bostin (2005) 221 CLR 191COUNSEL:
Mr SC Fisher for the applicant
Mr S McLennan for the respondents
SOLICITORS: Wills & Estates Law Qld for the applicant
SB Wright Wright and Condie Solicitors for the respondents
Introduction
The applicant seeks an order pursuant to Part 4 of the Succession Act 1981 (Qld) (‘the Act’) that adequate provision be made for his proper maintenance and support from the estate of his late father David Allan (‘the testator’).
The testator died on 14 June 2020 aged 92 years. He was married to Audrey Florence Allan (‘Mrs Allan’) who predeceased him in 1999. The testator and Mrs Allan had eight children, one of whom died in infancy.
The applicant is the eldest child. The executors and primary beneficiaries of the testator’s…
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- AGLC
- Allan v Dobbins [2024] QDC 169
- Case
- [2024] QDC 169
- Decision Date
CaseChat Overview and Summary
The court considered the legal framework governing family provision claims under the Family Law Act. It examined the provisions of the Act to determine whether Allan had been left with insufficient provision. The court also evaluated the relationship between Allan and Dobbins, focusing on their partnership in a family farm and the settlement of prior litigation between them. The court needed to decide whether the will reflected Dobbins's intention to provide for Allan's reasonable needs.
The court concluded that the estate was properly administered and that Dobbins had provided adequately for Allan, considering the nature of their relationship and the terms of the will. The court found that Allan had not demonstrated a need for a greater share of the estate. Therefore, the court dismissed Allan's application for a greater share of the estate. The court further directed that submissions on costs be exchanged between the parties within specified timeframes.
Orders
Orders of the court
1. The application is dismissed.
2. Direct that:
a. the applicant file any evidence and/or submissions on costs within 14 days;
b. the respondents file any evidence and/or submissions on costs within 14 days of receipt of the applicant’s evidence and/or submissions;
c. the applicant file any submissions in reply within 7 days of receipt of the respondents’ evidence and/or submissions.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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