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Re Gdanski; McLaren v Gdanski [2022] VSC 565

FAMILY PROVISION
Supreme Court of Victoria
Division: 
Common Law Division
Judge(s): 
Englefield JR
Parties: 

In the matter of Part IV of the Administration and Probate Act 1958 (Vic) & in the matter of the estate of Gdanski, Lawrence Maxwell, deceased; Mclaren, Leanne Tracey v Gdanski, Jeffrey (in his capacity as executor and trustee of the estate of Gdanski, Lawrence Maxwell, deceased)

Judgment Date: 
21 September 2022
Catchwords: 

FAMILY PROVISION - Summary judgment - Whether the plaintiff may be able to establish eligibility to make a family provision - Eligibility as 'domestic partner' at the time of death - Eligibility as 'former domestic partner' - Significance of the nature and extent of common residence - Necessity for cohabitation - Procedural fairness - Civil Procedure Act 2010 (Vic) ss 62, 63(2)(b) and 64 - Administration and Probate Act 1958 (Vic) ss 3(1), 3(3), 90(a), 90(e) - Relationships Act 2008 (Vic) s 35(2) - Family Law Act 1975 (Cth) ss 4AA, 90SB.

Citation: