Przewoznik v Scott

Przewoznik v Scott was a case brought before the Supreme Court of Victoria, where the plaintiff sought a family provision order against the estate of the deceased. The primary dispute was whether the plaintiff was eligible under section 6(1) of the Family Provision Act 1982, given the nature of the relationship between the plaintiff and the deceased. The plaintiff argued that she had been in a de facto relationship with the deceased, as well as living in a close personal relationship with him, thereby qualifying her as an eligible person under the Act. The court was required to determine whether the phrase "living together" in the Act necessitated continuous cohabitation and if the plaintiff's relationship with the deceased met this criterion.

The court examined the statutory language and considered whether the requirement of "living together" implied continuous cohabitation or if it could encompass intermittent or sporadic periods of cohabitation. Additionally, the court needed to assess the nature of the relationship between the plaintiff and the deceased to ascertain whether it was indeed a close personal relationship as required by the Act. The court was also tasked with determining the appropriate quantum of the provision if the plaintiff was deemed eligible.

The court concluded that the phrase "living together" did not necessarily require continuous cohabitation, and the plaintiff's intermittent residence with the deceased was sufficient to meet the requirement of living together. The court found that the plaintiff and the deceased had a close personal relationship, thereby satisfying the eligibility criteria under the Act. Regarding the quantum of the provision, the court determined that the plaintiff was entitled to a reasonable provision from the estate. The final orders reflected the court's decision, granting the plaintiff an appropriate family provision order.