FAMILY COURT OF AUSTRALIA
| LINCOLN (DECEASED) & MOORE | [2016] FamCA 547 |
| FAMILY LAW – BINDING FINANCIAL AGREEMENT - Validity - Whether the respondent has standing to prosecute his claim - Where the respondent is bankrupt - Whether the Court has the power to grant declaratory relief in the circumstances - Whether a de facto relationship existed between the respondent and the deceased - Whether the respondent signed the agreement under duress |
| Bankruptcy Act 1966 (Cth) Family Law Act 1975 (Cth) |
| Abati & Cole [2015] FamCA 185 |
| APPLICANT: | Ms A Lincoln (deceased) by her legal personal representatives Mr B Lincoln, Ms Burke and Mr C Lincoln |
| RESPONDENT: | Mr Moore |
| FILE NUMBER: | BRC | 7194 | of | 2012 |
| DATE DELIVERED: | 7 July 2016 |
| PLACE DELIVERED: | Brisbane |
| PLACE HEARD: | Brisbane |
| JUDGMENT OF: | Carew J. |
| HEARING DATE: | 8 April 2016 |
DATE OF LAST SUBMISSION: 6 May 2016
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms. Sweetapple |
| SOLICITOR FOR THE APPLICANT: | SJP Law |
| THE RESPONDENT: | Self-represented |
order
That the Amended Application filed 25 July 2014 be dismissed.
That the Amended Response filed 12 August 2014 seeking to have the financial agreement set aside be dismissed.
That all outstanding applications be dismissed and removed from the list of cases awaiting finalisation.
notation
A finding was made that the agreement entered into between Ms A Lincoln and Mr Moore on 5 July 2010 is a Part VIIIAB (of the Family Law Act 1975 (Cth) (as amended)) financial agreement and is binding.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Lincoln & Moore has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT BRISBANE |
FILE NUMBER: Brisbane 7149 of 2012
| Ms A Lincoln (deceased) by her legal personal representatives |
Applicant
And
| Mr Moore |
Respondent
REASONS FOR JUDGMENT
Introduction
The parties to this dispute are the legal personal representatives (“the applicants”) of Ms A Lincoln, (“the deceased”) and Mr Moore (“the respondent”).
The dispute concerns a purported financial agreement (“the agreement”) signed by the deceased on 30 June 2010 and the respondent on 5 July 2010.
By Order made on 15 August 2014 the issues before the Court for determination at this hearing were stated to be:
a)Whether a de facto relationship existed between the parties within the meaning of the Family Law Act 1975 (Cth) (as amended) (“the Act”); and
b)Whether or not the financial agreement entered by the parties be set…
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- AGLC
- LINCOLN (DECEASED) & MOORE [2015] FamCA 547
- Case
- [2016] FamCA 547
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the proceeds of the life insurance policy were to be paid to the beneficiary named in the policy, Ms Moore, or whether they formed part of the deceased's estate and were therefore subject to distribution according to his will. This required the Court to consider the operation of the *Life Insurance Act 1995* (NSW) and the common law principles governing the disposition of life insurance proceeds.
Carew J determined that the deceased had nominated Ms Moore as the beneficiary of the life insurance policy. Applying the relevant provisions of the *Life Insurance Act 1995* (NSW), His Honour held that where a beneficiary is validly nominated, the proceeds of the policy are payable directly to that beneficiary and do not form part of the deceased's estate. The Court reasoned that the intention of the legislation was to provide a clear and direct route for the payment of life insurance proceeds to the nominated beneficiary, thereby avoiding the complexities and potential delays associated with estate administration.
The Court ordered that the proceeds of the life insurance policy be paid to Ms Moore.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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