Johnson v Wright

Case

[2012] NSWSC 879

01 August 2012


Details
AGLC Case Decision Date
Johnson v Wright [2012] NSWSC 879 [2012] NSWSC 879 01 August 2012

CaseChat Overview and Summary

In the matter of Johnson v Wright, the respondent sought an order under the Family Provision Act 1969 for reasonable provision from the estate of her deceased de facto partner. The deceased had been in a relationship with the respondent for over 30 years, and the respondent had contributed significantly to the deceased's business. The case was heard in the Supreme Court of Victoria.

The primary legal issues before the court were whether the respondent's relationship with the deceased was akin to marriage, and whether she was entitled to an order under the Family Provision Act. The court had to consider the nature of the relationship, the contributions made by the respondent, and whether the deceased had made adequate financial provision for the respondent.

The court found that the respondent's relationship with the deceased was akin to marriage and that she was entitled to an order under the Family Provision Act. The court considered the length of the relationship, the nature of the contributions made by the respondent, and the fact that the deceased had not made adequate financial provision for the respondent. The court also noted that the respondent had a significant need for financial provision, given her age and the fact that she had contributed significantly to the deceased's business.

The court made a portable Crisp order in favour of the respondent, ordering the deceased's estate to pay her a lump sum of $300,000. The court also ordered that the estate pay the respondent's costs of the application.
Details

Areas of Law

  • Family Law

Legal Concepts

  • Succession Law

  • Family Provision

  • De Facto Relationships

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Most Recent Citation
Clarke v Clarke [2022] NSWSC 1721

Cases Citing This Decision

4

Clarke v Clarke [2022] NSWSC 1721
Prior v Kerrison [2017] NSWSC 1295
Clarke v Clarke [2022] NSWSC 1721
Cases Cited

14

Statutory Material Cited

3

Singer v Berghouse [1994] HCA 40
Singer v Berghouse [1994] HCA 40
White v Barron [1980] HCA 14