CHARDS & ECHOLS AS EXECUTOR OF THE ESTATE OF CHARDS

In the Family Court of Australia, Judge Betts considered applications arising from property settlement proceedings initiated by a wife against her husband, who subsequently died shortly after the proceedings commenced. The wife sought to set aside transactions undertaken by the husband prior to his death, including the creation of a trust and changes to a life insurance beneficiary nomination, which effectively removed her as a beneficiary. She also sought to join the husband's former solicitors to the proceedings to pursue relief against them, including costs. The husband's former solicitors opposed this joinder and sought summary dismissal of that application.

The court was required to determine whether to grant the wife leave to join the husband's former solicitors as parties to the proceedings. Additionally, the court had to consider the wife's application for an injunction to preserve life insurance moneys held by the husband's estate, which the executor opposed on the grounds of needing access to funds for defence. Finally, the court was asked to determine whether the executor had waived legal professional privilege concerning advice received from counsel, and if so, whether the wife was entitled to a copy of that advice, considering the applicability of common law principles or the *Evidence Act 1995* (Cth).

On the joinder application, the court refused the wife leave to join the husband's former solicitors, Mackey Wales Law Pty Ltd. Regarding the preservation of assets, the court ordered an injunction restraining the Trustee of the husband's estate from dealing with remaining estate monies, the husband's interest in his mother's estate, and the proceeds of specific life insurance monies, unless otherwise agreed or ordered. The wife's application to obtain a copy of the advice provided to the executor by counsel was dismissed. The court listed all extant costs applications for further hearing.