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MacEwan Shaw v Shaw
[2003] VSC 318
…ton J considered a claim made by grandchildren who contended that their grandparents had assumed the primary responsibility to provide for them. [14] (2003) 11 VR 95 28 Dodds-Streeton J considered a number of authorities of the Supreme Court and from other jurisdictions which established that there is no moral obl…
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Ross v Ross
[2002] VSC 544
…CLR 69, per Rich J, at 85-86; Shah v Perpetual Trustee Co (1981) 7 Fam LR 97; Bondelmonte v Blanckensee [1989] WAR 305 and Ross v Ross; McLean v Ross [2002] VSC 544 47 It occurs to me that Margaret is in somewhat of a precarious position. She has a modest income provided from government sources. The cost of her a…
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Harris v Bennett (No 1)
[2002] VSC 139
…[15] [15] Paragraphs 57-95, and particularly, Sherlock v Guest [1999] VSC 431; Leahey v Trescowthick [1999] VSC 409, and Harris v Bennett and O'Brien [2002] VSC 139 29 After considering these authorities and the facts on which the application was based, Her Honour made the following observation: “In my opinion, h…
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Coller v Coller
[1998] VSC 80
…30] Hedigan J said as much, adding that reliance on the continued receipt of social services by a testator was fraught with problems.[31] [30] [1992] 2 VR 417 [31] at 424, and also Lieberman v Morris (1944) 69 CLR 69, per Rich J, at 85-86; Shah v Perpetual Trustee Co (1981) 7 Fam LR 97; Bondelmonte v Blanck…
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Goodman v Windeyer
[1980] HCA 31
…r further provision for maintenance and support.[37] [37] Grey v Harrison (supra) at 363; Dun v Dun (1957) 99 CLR 325, at 331, and Goodman v Windeyer (1980) 144 CLR 490, at 499 80 The factors which have persuaded me that the deceased was both unwise and unjust and in breach of her moral duty are as follows: (a) The d…
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White v Barron
[1980] HCA 14
…hildren had he been fully aware of all the relevant circumstances.”[25] [24] [1922] NZLR 218 [25] at 220. I was also referred to White v Barron (1980) 144 CLR 431, per Stephen J, at 440; Collicoat v McMillan [1999] 3 VR 803, per Ormiston J, at 818-819…
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Dun v Dun
[1957] HCA 91
…es apparent at the time when an order is sought for further provision for maintenance and support.[37] [37] Grey v Harrison (supra) at 363; Dun v Dun (1957) 99 CLR 325, at 331, and Goodman v Windeyer (1980) 144 CLR 490, at 499 80 The factors which have persuaded me that the deceased was both unwise and unjust and in…
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Lieberman v Morris
[1944] HCA 13
…n the continued receipt of social services by a testator was fraught with problems.[31] [30] [1992] 2 VR 417 [31] at 424, and also Lieberman v Morris (1944) 69 CLR 69, per Rich J, at 85-86; Shah v Perpetual Trustee Co (1981) 7 Fam LR 97; Bondelmonte v Blanckensee [1989] WAR 305 and Ross v Ross; McLean v Ross [2002]…
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Blore v Lang
[1960] HCA 73
…s of reasoning in quantifying any further provision made by a court: “As Fullagar and Menzies, JJ said in their dissenting judgment in Blore v Lang (1960) 104 CLR 124 at 135, the purpose of testator's family maintenance legislation is to remedy ‘breaches of a testator's moral duty to make adequate provision for the p…
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[1999] VSC 431
[1999] VSC 431
…at moral obligation resting upon the parents of the grandchild not on the grandparents.[15] [15] Paragraphs 57-95, and particularly, Sherlock v Guest [1999] VSC 431; Leahey v Trescowthick [1999] VSC 409, and Harris v Bennett and O'Brien [2002] VSC 139 29 After considering these authorities and the facts on which…
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[2009] VCC 0538
[2009] VCC 0538
…[2009] VCC 0538…
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[1922] NZLR 218
[1922] NZLR 218
…ought it his moral duty to make in the interests of his widow and children had he been fully aware of all the relevant circumstances.”[25] [24] [1922] NZLR 218 [25] at 220. I was also referred to White v Barron (1980) 144 CLR 431, per Stephen J, at 440; Collicoat v McMillan [1999] 3 VR 803, per Ormiston J, at 818-…
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[1938] AC 463
[1938] AC 463
…cumstances of the case, treating the testator for that purpose as a wise and just, rather than a fond and foolish, husband or father.”[23] [22] [1938] AC 463 [23] at 478-479…