Libbert v Mironow

In the case of Libbert v Mironow, the parties were involved in a dispute concerning the release of rights to apply for a family provision order under the Succession Act 2006 in New South Wales. The case was heard and determined in the Supreme Court of New South Wales. The plaintiff, Libbert, sought to challenge the validity of a deed of release executed by the defendant, Mironow, which purported to release the plaintiff's right to apply for family provision in exchange for certain payments.

The primary legal issue before the court was whether the deed of release was valid and enforceable. Specifically, the court had to determine if the terms of the deed, which provided for payment of the provision in the defendant's personal capacity and out of the plaintiff's assets, required formal notations of the parties' intent to be approved for the release to be valid. This involved an interpretation of section 95 of the Succession Act 2006.

The court found that the terms of the deed of release required formal notations of the parties' intent to be approved for the release to be valid. The court concluded that the deed did not meet the statutory requirements as it did not contain formal notations of the parties' intent to release the plaintiff's rights. Therefore, the deed was not valid, and the plaintiff's rights to apply for family provision remained intact. The court ordered that the deed of release was invalid and that the plaintiff's rights to apply for family provision were not extinguished.