Stone v Braun

Case [2015] WASCA 103


STONE -v- BRAUN [2015] WASCA 103



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASCA 103
THE COURT OF APPEAL (WA)
Case No:CACV:92/201413 MAY 2015
Coram:BUSS JA
MAZZA JA
BEECH J
28/05/15
25Judgment Part:1 of 1
Result: Appeal upheld
Order for retrial before differently constituted court
B
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Parties:ELISABETH GEORGINA STONE
STEPHANIE CLARE BRAUN
Australian Executor Trustees Limited as Administrator for the Estate of ANNA MINA STONE ROBINSON
PETER JOHN STONE

Catchwords:

Practice and procedure
Self-represented litigant
Duties of court
Whether court afforded procedural fairness
Whether circumstances required court to alert self-represented litigant to distinction between submissions and evidence
Succession
Family provision
Application by adult daughter who was left nothing in mother's will
Whole of estate worth more than $3 million shared between son and other daughter
Master ordered estate be divided equally between three children
Whether error by master

Legislation:

Family Provision Act 1972 (WA), s 6

Case References:

Bennett v Curruthers [2010] WASCA 131
Blore v Lang (1960) 104 CLR 124
Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 403
Cicek v Estate of the Late Mark Solomon [2014] NSWCA 278
Cooper v Dungan (1976) 50 ALJR 539
Downes v Maxwell Richard Rhys & Co Pty Ltd (in liq) [2014] VSCA 193; (2014) 313 ALR 383
Falkingham v Hoffmans [2014] WASCA 140; (2014) 46 WAR 510
Garrett v Nicholson [1999] WASCA 32; (1999) 21 WAR 226
Giretti v Deputy Commissioner of Taxation (1996) 70 FCR 151
Gorton v Parks (1989) 17 NSWLR 1
Grey v Harrison [1997] 2 VR 359
Hamod v The State of New South Wales [2011] NSWCA 375
In the marriage of Johnson (1997) 139 FLR 384
Kay v Archbold [2008] NSWSC 254
Lourey v Legal Profession Complaints Committee [2012] WASCA 112
Maas v O'Neill [2013] WASC 379
Michael v The State of Western Australia [2007] WASCA 100
Minogue v Human Rights and Equal Opportunity Commission [1999] FCA 85; (1999) 84 FCR 438
Moleirinho v Talbot & Olivier Lawyers Pty Ltd [2014] WASCA 65
Mount Lawley Pty Ltd v Western Australia Planning Commission [2004] 29 WAR 273
O'Connell v The State of Western Australia [2012] WASCA 96
Palmer v Dolman [2005] NSWCA 361
R v White [2003] 1 VSCA 174; (2003) 7 VR 442
Singer v Berghouse (1994) 181 CLR 201
SNF (Australia) Pty Ltd v Jones [2008] WASCA 121
Stead v State Government Insurance Office [1986] HCA 54; (1986) 161 CLR 141
Tobin v Dodd [2004] WASCA 288
Tomasevic v Travaglini [2007] VSC 337
Uszok v Henley Properties (NSW) Pty Ltd [2007] NSWCA 31
Wheat v Wisbey [2013] NSWSC 537
Woolworths Ltd v Commissioner of Police [2013] WASC 413


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : STONE -v- BRAUN [2015] WASCA 103 CORAM : BUSS JA
    MAZZA JA
    BEECH J
HEARD : 13 MAY 2015 DELIVERED : 28 MAY 2015 FILE…

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AGLC
Stone v Braun [2015] WASCA 103
Case
[2015] WASCA 103
Decision Date

CaseChat Overview and Summary

The case of Stone v Braun involved a dispute over the distribution of an estate valued at more than $3 million, left by the deceased to her son and another daughter, excluding the appellant, the adult daughter who brought the case. The Family Court Master had ordered the estate to be divided equally among the three children, a decision that the appellant challenged on appeal. The legal issues before the court were whether the Family Court had fulfilled its duty to ensure procedural fairness in the proceedings, particularly whether the court had a responsibility to inform the self-represented appellant of the distinction between submissions and evidence. Additionally, the court had to determine whether the Master had erred in making the order for the equal division of the estate.

The court found that the Master had not adequately explained the difference between submissions and evidence to the appellant, thereby not ensuring procedural fairness. The court highlighted that when a party is unrepresented, the court must take additional steps to ensure that the party understands the process and the requirements of the case. Furthermore, the court concluded that the Master had indeed erred in ordering an equal division of the estate, as the evidence did not support such an outcome. The court found that the Master had failed to properly consider the statutory criteria and the circumstances of the case, leading to an unjust result.

As a result of these findings, the appeal was upheld. The court ordered a retrial before a differently constituted court to ensure that the appellant would have the opportunity to present her case under appropriate procedural conditions. The court's decision emphasised the importance of procedural fairness and the court's duty to assist self-represented litigants, particularly in complex and high-stakes matters such as family provision claims.

Orders

Orders of the court

Appeal upheld

Order for retrial before differently constituted court

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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