Danckert v Holmes

DISTRICT COURT OF QUEENSLAND CITATION: Danckert & Ors v Holmes [2021] QDC 6 PARTIES: PATRICIA JEAN DANCKERT (first applicant) DIANE LESLEY MACRAE (second applicant) and MICHAEL JAMES HOLMES (applicant by election) v DAVID WARREN HOLMES AS EXECUTOR OF THE ESTATE OF THE LATE REGINALD WILLIAM HOLMES (respondent) FILE NO: D77/20 DIVISION: Civil PROCEEDING: Application ORIGINATING COURT District Court of Queensland at Maroochydore DELIVERED ON: 22 January 2021 DELIVERED AT: Maroochydore HEARING DATE: Decided on the papers without oral hearing JUDGE: Cash QC DCJ ORDERS: Orders as per draft. CATCHWORDS: SUCCESSION – FAMILY PROVISION – JURISDICTION – GENERALLY – where claim made for provision from estate of deceased – where parties reached an agreement as to distribution – where the total amount to be paid to the three applicants is $930,000, exceeding the District Court limit – where proceeding involves three separate claims within the monetary limit of the District Court – whether the District Court has the jurisdiction to make the orders sought SUCCESSION – FAMILY PROVISION – where claim made for provision from estate of deceased – where parties reached an agreement as to distribution – whether the applicants have been left with adequate provision for proper maintenance and support District Court of Queensland Act 1967 (Qld), s 68(1)(x) Succession Act 1981(Qld), s 41 Uniform Civil Procedure Rules 1999 (Qld), r 489, r 490, r 498 Bartlett v Coomber [2008] NSWCA 100 Remote Data Systems P/L & Ors v Hoover & Ors [2000] QCA 116 Singer v Berghouse (1994)...