Jeff is currently advising the administrator of a large estate with assets in Queensland and overseas, in the course of which he has advised in relation to the interpretation of the will, the proper law of the will trusts, choice of law in relation to succession to overseas assets, numerous issues that have arisen in the administration of the estate and will trusts, the rule in Saunders v Vautier, the entitlement of beneficiaries to inspect documents, and the administrator’s remuneration and indemnity. He has also appeared in numerous applications in closed court.
He recently acted in a claim to set aside, on the grounds of mistake, breach of fiduciary duty and equitable fraud, a deed of variation of trust affecting the rights of beneficiaries in a family discretionary trust valued in the tens of millions of dollars. The claim raised related issues of professional negligence and breach of fiduciary against solicitors and accountants and was settled at mediation.
Jeff has advised in relation to, and appeared in numerous, Beddoe and other judicial advice applications, including Taranto v Hansard [2008] QSC 136; Klatt v Coore [2013] QSC 196; and Davidson v Cameron [2016] 2 Qd R 340; [2015] QSC 294.
He has advised in relation to, and appeared, in numerous claims made against attorneys and administrators under the Powers of Attorney Act and Guardianship and Administration Act, including the leading authority on s 107 of the Powers of Attorney Act: Neuendorf v Public Trustee of Queensland [2015] 1 Qd R 513; [2013] QSC 156.
Jeff advised the infant third respondent in Re Constantinou [2013] 2 Qd R 219; [2012] QSC 332, an important authority on the operation of the Hague Convention on the law applicable to trusts and their recognition.
He has advised in relation to, and appeared in, many family provision applications, including at first instance and on appeal in Kowalski v Public Trustee of Queensland [2011] QSC 323; Kowalski v Public Trustee of Queensland (No 2) [2011] QSC 384; Kowalski v Kowalski [2012] QCA 234, where the Court of Appeal upheld the Crisp order made by the primary judge. He appeared as junior counsel in Catelan v Herceg [2012] QSC 320.
He has appeared in informal wills cases, such as Proctor v Klauke [2011] QSC 425, an informal wills case, and statutory wills cases, such as McKay v McKay (2011) 4 ASTLR 429; [2011] QSC 230.
Jeff has appeared in numerous applications to interpret or rectify wills, including Ashton v Ashton [2010] QSC 326 and Crnjanin v Crnjanin [2012] 2 Qd R 423; [2011] QSC 295. He has also appeared in charity proceedings, such as Public Trustee of Queensland v Intellectually Handicapped Persons Association of Queensland [2014] QSC 178.
Jeff appeared as junior counsel at first instance and on appeal in Frizzo v Frizzo [2011] QSC 107; Frizzo v Frizzo (No 2) [2011] QSC 177; Frizzo v Frizzo [2011] QCA 308, a solemn form probate proceeding in which a copy of the testator’s will, handwritten for her by her anaesthetist immediately before she underwent surgery, was admitted to probate despite a challenge to her capacity. The case is a leading Queensland authority on costs in solemn form probate proceedings.
He appeared as junior counsel at first instance in Creswick v Creswick [2010] QSC 339 (reversed [2011] QCA 381), a bitter internecine battle between father and son in relation to their personal and business dealings over more than three decades. The case raised issues of fraud, forgery, undue influence and unconscionable conduct, breach of fiduciary duty, constructive and resulting trusts.
Public Trustee of Queensland v Smith [2009] 1 Qd R 26; [2008] QSC 339, a leading modern authority on the principles of interpretation of wills, and their rectification.
C v B [2007] 1 Qd R 212, a case which considered the nature of discretionary trusts in the context of de facto property proceedings.
Over the course of his practice, Jeff has also appeared in numerous commercial matters, including Downer EDI Mining Pty Ltd v Wambo Coal Pty Ltd [2012] QSC 290; St George Bank Ltd v Perpetual Nominees Ltd [2011] 1 Qd R 389; [2010] QSC 57; O’Connor v Arrow (Daandine) Pty Ltd [2009] QSC 432; Australian Postal Corporation v Ace Property Holdings Pty Ltd [2009] QSC 199; Heritage Properties Pty Ltd v Bettson Properties Pty Ltd [2007] QSC 222; HZD Pty Ltd v McInnes [2007] QSC 213; D’Aguilar Gold Ltd v Gympie Eldorado Mining Pty Ltd [2008] 1 Qd R 56; [2007] QCA 158; and Northbuild Constructions Pty Ltd v Capital Finance Australia Ltd [2006] QSC 81.
Bar Association of Queensland
Society of Trust and Estate Practitioners
