Badenach v Calvert [2016] HCA 18

WTLR Issue: Autumn 2017 #169

ROBERT BADENACH & ANOR

V

ROGER WAYNE CALVERT

Analysis

The first appellant was a legal practitioner and a partner of the second appellant, a law firm. The solicitor received instructions from Jeffrey Doddridge (who was 77 years old at the time) to prepare his will, by which the entirety of his estate was to pass to the respondent, Roger Calvert, whom Mr Doddridge treated as his son. Mr Doddridge made no provision for his daughter by his first marriage. She brought a claim under the Testator’s Family Maintenance Act 1912 (Tas) (the TFM Act), and was successful in obtaining a court order that provision be made out of the clients estate. The costs were borne by the estate, which was thus substantially depleted.

Counsel details

J Ruskin QC with S B McElwaine SC for the appellants (instructed by Shaun McElwaine Barrister & Solicitor) K N Wilson QC with S S Monks for the respondent (instructed by Shine Lawyers)

Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.

  • Civil Liability Act 2002 (Tas), s 13(1)(a)
  • Succession Act 1981 (Q)
  • Testator's Family Maintenance Act 1912 (Tas)