Nedljkovic v Orozovic

In the case of Nedljkovic v Orozovic, the court was presented with a dispute concerning the family provision application by Nedljkovic against Orozovic, the executor of the deceased's estate. The deceased had been in a de facto relationship with Nedljkovic for 30 years. Nedljkovic sought an order for provision from the deceased's estate under the Family Provision Act. The court had to determine whether the deceased's estate should provide for Nedljkovic and if so, the quantum of the provision.

The central legal issue was whether the de facto relationship between Nedljkovic and the deceased qualified as a family relationship under the Family Provision Act. The court also had to consider the financial needs of Nedljkovic and whether the deceased had sufficient resources to provide for her. The court examined the duration, nature and extent of the relationship, and the degree of financial dependence between the parties.

The court held that the relationship between the deceased and Nedljkovic was indeed a family relationship under the Act. It found that the duration of the relationship, the nature of their cohabitation, and their mutual financial dependence satisfied the criteria for a de facto relationship. The court determined that Nedljkovic had significant financial needs and that the deceased's estate had sufficient resources to provide for her. It made an order for the deceased's estate to provide for Nedljkovic in the amount of $100,000.