Presentation on Statutory Will applications – The Hon. Justice Tom Gray – STEP Queensland branch annual conference, 5 September 2014

The Hon. Justice Tom Gray, Supreme Court of South Australia, delivered a presentation at the STEP Queensland Branch annual conference at Kingscliff, NSW on 5 September 2014.  His Honour addressed the following:

  • The scope of the requirement, in s.24(e) of the Succession Act 1981 (Qld) (and the corresponding requirement in the statutory wills legislation in other Australian jurisdictions) that ‘it is or may be appropriate for an order to be made … in relation to the person’.
  • Judicial consideration of this, in Hausfeld v Hausfeld [2012] NSWSC 989, Re Matsis [2012] QSC 349, and Doughan v Straguszi [2013] QSC 295.
  • The passing reference to this requirement, in Saunders v Pedemont [2012] VSC 574 at [123] and [124] by Habersberger J.
  • The more recent consideration of this requirement in ADT v LRT [2014] QSC 169.
  • Some practical issues posed by orders being made for the de-identification of parties, in published judgments relating to statutory will applications.