Plaintiff v Defendant [2025] VSC 666 | Case summary

Supreme Court of Victoria|2025-10-29|Before: Goulden AsJ

For the reasons set out in this ruling, I will dismiss the proceeding in accordance with s 63 of the CPA on the basis that it does not enjoy a real prospect of success.
I will order that Denyse pay the defendant's costs of the proceeding on the standard basis, to be taxed in default of agreement.

[1] The application is made pursuant to the legislation as it existed at the date of death, being the Administration and Probate Act 1958 (Vic), as at 28 February 2012. At the time (as is also the case now), a claim for further provision had to be made within 6 months of the grant of probate, i.e. by 21 May 2013.

[3] Lysaght 40 [35] (Warren CJ and Nettle JA), 42 [40]-[42] (Neave JA).

[4] Lysaght 40 [35] (Warren CJ and Nettle JA).

[5] Supreme Court (General Civil Procedure) Rules 2025 (Vic) r 22.19.

[6] Jackson v Newns [2011] VSC 32.

[7] Webster v Lampard [1993] HCA 57; (1993) 177 CLR 598, 604 (Mason CJ, Deane and Dawson JJ).

[8] Affidavit of Denyse Deidre Carter affirmed 10 June 2025, [17] ('Second Denyse Affidavit').

[10] [2006] NSWSC 41, [38] ('Vukic').

[12] Transcript of Proceedings, Re Hinton; Carter v Ryan (Supreme Court of Victoria, S ECI 2024 05512, Goulden AsJ, 7 August 2025) T16.21-T16.22.

[13] This is half the value of the Term Deposit as disclosed in the inventory, and so does not take into account any estate expenses which may have reduced the amount of the distribution.

[15] Prosser v Twiss [1970] VicRp 29; [1970] VR 225, 232, quoted in Litchfield v Smith & Tingate [2010] VSC 466, [25].

[16] Affidavit of Denyse Deidre Carter affirmed 31 January 2025, [46].

Court (General Civil Procedure) Rules 2025

Plaintiff v Defendant

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