Capelinski and Patton

In the matter of *Capelinski and Patton*, heard by O’Reilly J, the dispute concerned the release of moneys held in a Suncorp bank account and the procedural steps to be taken in relation to an initiating application and response filed by the parties. The Executor of the Will of Mr Patton (Deceased) was the respondent, and Ms Capelinski was the applicant.

The court was required to determine the immediate release of funds from a specific bank account to Ms Capelinski, and to set a timetable for further procedural steps in the proceeding. This included the filing of a response and financial statement by the Executor, the vacation of a previously scheduled case assessment conference, and the attendance of the parties at a conciliation conference.

By consent of the parties, O’Reilly J ordered that the Executor sign all necessary documents to release the moneys in account no …494 to Ms Capelinski, with this order serving as sufficient authorisation for Suncorp Banking Corporation to release the funds into Ms Capelinski’s legal representatives’ trust account. The court further ordered the Executor to file and serve a response and financial statement by a specified date, vacated the case assessment conference, and directed the parties to attend a conciliation conference. The costs of the applications were reserved to the trial judge.