Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Baumanis bht Baumanis v Brennan [2024] NSWSC 681 Hearing dates: 25 March 2024, 20 May 2024, 23 May 2024 Date of orders: 5 June 2024 Decision date: 05 June 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: See [232].
Catchwords: SUCCESSION — Family provision — Claim by adult child — where young adult children of the deceased — where no provision made — where one child severely disabled — where one school age child – where defendant accepts some provision should be made — amount of provision to be made
SUCCESSION — Family provision — Notional estate — where estate likely to be insolvent — where deceased’s real property transferred into joint tenancy immediately before death – where deceased’s real property transferred to defendant on his death as surviving joint tenant — where deceased directed large sums of cash from insurance and superannuation to defendant prior to his death — whether notional estate order should be made in relation to cash and real property – identification of cash and real property to be designated as notional estate
Legislation Cited: Income Tax Assessment Act 1997 (Cth) s 112-20
Probate and Administration Act 1898 s 75
Succession Act 2006 (NSW) ss 57, 59, 60, 75, 76, 78, 80, 83, 87, 88, 89, 91, 99
Cases Cited: Aveyard v Selwood; Philpott v Selwood; Riley v Selwood [2024] NSWSC 29
Georgopoulos v Tsiokanis [2022] NSWSC 563
Jodell v Woods [2017] NSWSC 143
Maria Oliveira by her tutor Ivo De Oliveira v John Antonio Oliveira [2023] NSWSC 1130
Phillips v James [2014] NSWCA 4
Re Duff (1948) 48 SR (NSW) 510
Re Estate Harriett Cassel [2000] NSWSC 294
Steinmetz v Shannon [2019] NSWCA 114
Strang v Steiner [2019] NSWCA 143
Tarbes v Taleb [2023] NSWSC 565
Underwood v Gaudron [2014] NSWSC 1055
Vella v Vella; Vella v Vella [2020] NSWSC 849
Texts Cited: Family Provision in Australia (5th ed, 2017, LexisNexis)
Category: Principal judgment Parties: Corey John Baumanis by his tutor Sharon Jane Baumanis (First Plaintiff)
Jacinta Hope Baumanis (Second Plaintiff)
Nikolai Albert Baumanis (Third Plaintiff)
Dustin William Baumanis by his tutor Steven Crichton (Fourth Plaintif)
Taylor Lynn Brennan (Defendant)Representation: Counsel:
V Hartstein (First to Fourth Plaintiffs)
B Burke (Defendant on 25 March 2024)
R Bianchi (Defendant on 20 May 2024 and 23 May 2024)Solicitors:
Aubrey Brown Lawyers (First to Fourth Plaintiffs)
Lambton Law (Defendant on 25 March 2024)
Glass Goodwin (Defendant on 20 May 2024 and 23 May 2024)
File Number(s): 2023/208850
JUDGMENT
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This family provision claim is brought by the children of the late William John Baumanis (the deceased), known as John. The plaintiffs are Corey, Jacinta, Nikolai and Dustin Baumanis, being the children born to the marriage of the deceased and Mrs Sharon Baumanis. For ease of reference and without intending any discourtesy, in these reasons I will refer to the plaintiffs by their first names. The eldest, Corey,…
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- AGLC
- Baumanis bht Baumanis v Brennan [2024] NSWSC 681
- Case
- [2024] NSWSC 681
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the notional estate should include the cash and real property directed to the respondent and, if so, which assets should be designated as part of the notional estate. The court had to consider the financial needs and contributions of the applicant, the family provision claims under section 46 of the Succession Act 2006 (NSW), and the insolvency of the estate. The respondent conceded that some provision should be made but disputed the extent of the provision.
The court found that the notional estate should include the cash and real property transferred to the respondent, as these assets were part of the deceased's estate and should be considered for family provision claims. The court identified the specific cash and real property to be designated as part of the notional estate. It determined the appropriate amount of provision to be made, considering the financial needs of the applicant and the school-age child, as well as the contributions and circumstances of the parties. The court made orders for the respondent to pay the applicant a specified amount, ensuring that the family provision claims were adequately addressed within the constraints of the estate's insolvency.
Orders
Orders of the court
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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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