Supreme Court - Trial Division

Frastika v Cosgrove as executor of the estate of Russell Walter O'Halloran (Deceased) [2016] QSC 312 (15/7998) Boddice J 23 December 2016

Full-text: QSC16-312.pdf


SUCCESSION – FAMILY PROVISION – PROCEDURE – TIME FOR MAKING APPLICATION – EXTENSION OF TIME – GENERAL PRINCIPLES – where the applicant was the deceased’s wife – where the deceased’s estate has a net value of almost one million dollars – where the applicant received $10,000 and two motor vehicles – where the applicant also received $150,000 by way of binding death benefit nomination – where the primary beneficiary of the deceased estate is the deceased’s disabled granddaughter – where the applicant has made a family provision application – where that application was made outside the statutory time limit – where the applicant explains that delay by reference to her lack of resources and limited understanding of her rights – where the applicant also delayed in prosecuting the application – where that delay is explained by factors unrelated to the applicant – where the applicant submits there is no prejudice to other beneficiaries because the estate is yet to be distributed – where the applicant argues she has good prospects of succeeding in a family provision application – where there is no suggestion the applicant has engaged in unconscionable conduct – where the applicant applies for leave to proceed with her family provision application out of time – whether it is just and proper for the Court to exercise its statutory discretion to extend time