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  • Where There's A Will There's a Court Case

    12 April, 2018

    The ASC mock trial team competed against Red Bend Catholic College Forbes in round 2 of the NSW Law Society Competition on Wednesday 11 April.

    The trial was held at the historic courthouse in Orange which provided a very atmospheric and authentic setting.

    Our team consisted of Nicholas O’Neill and Bradley Gardiner (barristers), Hannah McCarthy (solicitor), Holly Hare and Stella Gavey (witnesses) and Kate McEwen (magistrate’s clerk).

    The case was a civil matter in the Equity Division of the Supreme Court and we acted on behalf of the plaintiff, Ms Danielle Adams who, Pursuant to Section 59 of the Succession Act 2006, claimed that provision be made for her maintenance, education and advancement in life out of the estate of the deceased, the late Andy Adams.

    After the deduction of funeral expenses her father’s estate was worth $700,000 but Danielle had only been left $10,000 while the Royal Blind Society had been left a legacy of $10,000 and her sister received the balance. 

    We presented evidence to show that despite some earlier issues with alcoholism the plaintiff had been sober for 30 years and had developed a loving relationship with her father over the past seven years.

    Critically, we also pointed out that the will was seven years old and had not been updated.

    The plaintiff explained that she was existing on unemployment benefits and a disability pension after arthritis and vertebrae issues had limited her mobility.

    She had no spouse to assist her and was living in a subsidised Housing Commission flat where, after paying her rent of $200 per week, she was only left with $70 per week to meet all other expenses.

    On the other hand, the plaintiff’s sister and her partner were both employed, owned a home worth $760,000 and had considerable savings and superannuation.

    We managed to convince the magistrate that the court should make an appropriate order to adequately provide for the maintenance, education and advancement in life of the plaintiff, winning a very closely contested trial 275-273.

    Mr David Pike will be looking after the team while I am taking long service leave in term 2.

    I wish the team all the best in the upcoming rounds.

    Mrs Catherine Dundon
    Mock Trial Coordinator

     

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