The New South Wales Supreme Court has introduced combined Succession & Probate lists, for family provision claims and contested probate applications.
The new list replaces the Family Provisions Claims list previously managed by Justice Hallen, who is retiring. The court has never previously had a specialist list for contested probate matters.
Re-issued Practice Note SC EQ 07 – Succession & Probate Lists updates the procedures applicable to family provision and contested probate matters in the Court.
Key points include:
- These types of matters will be managed and heard in the Succession & Probate List.
- Directions and the hearing of interlocutory motions will be dealt with on Fridays, with Monday directions being phased out.
- There will be two judges managing the list, initially Justices Meek and Lindsay.
- There will be two judges available for the list on Fridays.
- If possible, family provision applications whether combined with probate or not, will be dealt with by one judge and probate matters will be dealt with by the other judge.
- Most interlocutory motions for matters in the list will require leave except urgent matters which can be listed by arrangement.
- Subpoenas and Notices to produce for matters in the list will require leave.
- Mediation for all matters in the list will be court annexed by default, unless the parties consent to private mediation or the Court otherwise orders.
- Requirements for the content of the plaintiff’s affidavit in Family Provision matters updated.
The Court has indicated that the emphasis of the new list will be on strict case management and efficiency, in accordance with the overriding principal of just, quick and cheap disposal of the real issues in the proceedings under Section 56 Civil Procedure Act 2005 .
By Lawyers Family Provision Claims (NSW) and Supreme Court (NSW) – Equity Division guides have been updated accordingly, including the Retainer Instructions precedents which prompt practitioners to obtain the necessary instructions and documents required by the practice note.