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Stanojevic v Riboskic [2020] VSCA 230

Victorian Court of Appeal
Tate, Kaye and Emerton JJA

Stanojevic, Milovan (Executor of the Will and Estate of Stanojevic, Slobodan deceased) v Riboskic, Milica (by her litigation guardian, Daly, James David)

Judgment Date: 
8 September 2020

SUCCESSION LAW - Appeal - Whether respondent 'eligible person' and entitled to claim family provision under pt 4 of Administration and Probate Act 1958 - Whether respondent would have been able to take proceedings under the Family Law Act 1975 (Cth) - Whether principal asset of estate acquired after end of relationship - No error by judge in finding respondent an 'eligible person' - Whether genuine domestic partnership - Whether judge failed to accord sufficient weight to respondent's receipt of single person pension since 1997 - No misapplication of Relationships Act 2008 s 35(2) - Whether judge erred in ordering applicant's costs be paid out of estate in priority to respondent's - No attempt by applicant to demonstrate error in the exercise of discretion - Leave to appeal refused - Calvin & McTier (2017) 57 Fam LR 1; In the marriage of Farmer and Bramley (2000) 27 Fam LR 316; Lee v Lee (2019) 266 CLR 129 applied; Administration and Probate Act 1958 ss 3(1), 3(3), 90(3), 90A, 91, 91A; Relationships Act 2008 s 35(2); Family Law Act 1975 (Cth) ss 4(1), 75, 79, 90SF, 90SM.