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Originating application for adequate provision be made for proper maintenance and support out of an estate; reasonable prospects of success on an application for further provision, warranting extension of time to be granted to bring the application: Atkinson J.
Appeal allowed ordering application for provision out of estate to be dismissed; judge erred in failing to appreciate that the pre-nuptial agreement made by the parties, though not of itself directly decisive against the claim, is of significance to the assessment to be made by the court of the application for further provision from the estate: Keane, Muir and Fraser JJA.
Special Leave Refused (HCA)
[2008] HCASL 577
02 Dec 2008
Special leave refused with costs; if any provision were ordered it would be small, and disproportionate to the costs which the application would generate: Kirby and Heydon JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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