Woolnough v Public Trustee (No 2)

The case of Woolnough v Public Trustee (No 2) arose in the Family Court of Australia. The matter involved a dispute concerning the distribution of a deceased's estate under the Family Provision Act 1969 (Vic). The applicant, Woolnough, sought to make a claim against the estate under the Act on the basis that the deceased had failed to make adequate provision for them, their spouse, and their children. The Public Trustee, as the executor of the deceased's estate, contested the application.

The legal issues before the court included whether Woolnough had made out a case under the Family Provision Act and, if so, what the appropriate amount of the order should be. Additionally, the court had to consider the costs of the proceeding, particularly in light of the small size of the estate and Woolnough's status as a needy applicant. The court also examined the effect of a Calderbank offer made by Woolnough and the Public Trustee's response to that offer.

The court found that Woolnough had satisfied the criteria for making a claim under the Family Provision Act and made an order in their favour. The court took into account the size of the estate and the needs of Woolnough and their family in determining the amount of the order. In assessing the costs, the court considered the small size of the estate, the success of Woolnough, and the Calderbank offer. Ultimately, the court ordered the Public Trustee to pay costs on an indemnity basis, reflecting the small estate and the successful outcome for Woolnough.