Suzanne Hart v Joan Noelene Van Son

Suzanne Hart has brought an application seeking to have her former de facto partner, Joan Noelene Van Son, provide her with maintenance from the estate of the deceased. The application was heard and dismissed by the Supreme Court of Queensland. The central legal issues revolved around whether the applicant was entitled to maintenance under section 59(1)(b) and (c) of the Succession Act 2006. These sections require the court to consider if the applicant has inadequate provision for their maintenance from the deceased’s estate and if there are any factors warranting maintenance.

The court examined the nature and duration of the relationship, the contributions made by both parties, and the reasons for the separation. It was established that the applicant left the relationship and is now in a new relationship. The court found that there were no exceptional factors warranting maintenance and that the applicant had not demonstrated inadequate provision from the estate. The applicant argued that she was entitled to maintenance based on her long-term relationship with the deceased, but the court held that this alone was not sufficient to warrant an order for maintenance.

The Supreme Court concluded that the applicant had not satisfied the criteria for maintenance under the Succession Act 2006. Consequently, the application was dismissed, and the court ordered that the applicant pay the respondent's costs of the application. This decision underscores the stringent requirements for maintenance claims under the Act, emphasising the need for exceptional circumstances or inadequate provision from the estate.