SCVG and Estate of KLD (deceased)

Case

[2020] FamCA 51

5 February 2020


Details
AGLC Case Decision Date
SCVG and Estate of KLD (deceased) [2020] FamCA 51 [2020] FamCA 51 5 February 2020

CaseChat Overview and Summary

The proceedings before Gill J involved Mr SCVG as the applicant and the Estate of KLD (deceased) as the respondent. The dispute concerned applications to substitute the personal legal representatives of the late Ms KLD, Mr Draper and Ms Eaton, for the deceased in two existing proceedings, SYC4380/2008 and SYC5956/2016. The court was required to determine whether to grant these substitution orders and to formally title the proceedings to reflect the deceased's estate.

Gill J considered the applications for substitution and ordered that Mr Draper and Ms Eaton, as the personal legal representatives of the late Ms KLD, be substituted for the deceased in proceedings SYC4380/2008 and SYC5956/2016. The court also ordered that these proceedings be retitled as SCVG & Estate of KLD (Dec’d).

Following the substitution, the court listed the matter for further directions on 12 February 2020 at 4pm. This directions hearing was to allocate a date for dealing with the respondents' objections to the pleadings and particulars filed by the applicant. The court granted leave for parties to attend the directions hearing by telephone and directed them to provide their contact details. Counsel for the respondents was excused from personal attendance.
Details

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Jurisdiction

  • Procedural Fairness

  • Standing

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

2

Hawkins v Clayton [1988] HCA 15
Murdoch and Brown (No. 2) [2013] FamCA 732