by Ari Katsoulas, Barrister
The first return date for a Family Provisions application under the Succession Act 2006 is usually within 28 days of filing of the Summons. On filing, the summons is to be accompanied by:
- A copy of the affidavit of the plaintiff;
- A notice of eligible persons;
- A copy of an affidavit setting out an estimate of the plaintiff’s costs and disbursements, calculated on the ordinary basis, up to, and including, the completion of a mediation.
It is not uncommon for proceedings to be filed in the absence of all or some of the above documents in order to file the proceedings within 12 months of the date of death. In that event, it is advisable to have rectified the outstanding affidavits and notice before the first return date.
On the first return date, the Family Provision List Judge will usually make orders consistent with either the short or long form standard orders, the latter making directions for discovery.
Ari Katsoulas is a Sydney barrister specialising in commercial, equity and will disputes including the contesting of wills (family provisions).