Imogen de Haro reviews new changes and restrictions over family provision claims in New South Wales
The provisional statistical data published by the Supreme Court of New South Wales as of 25 January 2022 indicates 1,608 applications were filed in the Equity Division of the Court in 2021. Of these, 872 were family provision claim applications.
The difficulty with the legislative provisions in Australia with respect to family provision claims is there is no ‘do not pass go’ mechanism which stops ineligible individuals from making such a claim.
There are certain criteria which must be met for an individual to be eligible to make a successful claim. However, by the time the application is set down for hearing, solicitors and counsel have been briefed, directions listings have been attended and affidavit evidence ha...