Singer v Berghouse

The case of *Singer v Berghouse* concerned an application for special leave to appeal to the High Court of Australia. The applicant, Mrs Singer, sought to appeal decisions made at first instance and by the Court of Appeal concerning the effect of an antenuptial agreement in the context of a family provision claim. The respondent was Mr Berghouse.

The central legal issues before the High Court were the admissibility and weight to be given to an antenuptial agreement in family provision proceedings. Specifically, the applicant argued that the courts below had improperly considered the antenuptial agreement, particularly under provisions of the relevant Act relating to statements by the deceased and the effect of agreements not sanctioned by the Supreme Court. The applicant contended that such agreements, unless sanctioned by the Supreme Court, had no effect under the Act, except as provided in a specific subsection which also required court sanction.

The applicant's submissions focused on the interpretation of sections 9(3), 31(2) and (3), and 32 of the Family Provision Act. It was argued that the antenuptial agreement was treated as a statement by the deceased under section 32, which the applicant submitted was not admissible. More significantly, the applicant argued that under sections 31(2) and (3), an antenuptial agreement had no effect unless sanctioned by the Supreme Court of New South Wales, and that this sanction had not been obtained. The applicant also drew a distinction between agreements sanctioned under section 87 of the Family Law Act and the present agreement, referencing the High Court's decision in *Smith v Smith*.

The High Court granted special leave to appeal.