Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27:
1. Before the court is an application by a summons filed on 21 November 2024 (as amended by an amended summons filed in Court today) by the plaintiff, who is the administrator of the estate of the late David Marocchi who died intestate on 25 September 2021, for judicial advice under s 63 of the Trustee Act 1925 (NSW). The advice sought is whether the plaintiff would be justified in:
1) rejecting an offer of settlement made by the deceased's former de facto spouse, Ms Anna-Michelle Merlo, in proceedings commenced by her against the deceased before his death in the Federal Circuit and Family Court of Australia for an adjustment of property (Family Law proceedings);
2) prosecuting the Further Amended Response to Initiating Application dated 26 May 2025 filed by the plaintiff in the Family Law proceedings (Further Amended Response); and
3) defending proceedings brought by summons in this court by Ms Merlo and the two children of their de facto relationship, Tommy and Katya Marocchi, seeking orders for family provision under s 59 of the Succession Act 2006 (NSW) (Family Provision proceedings).
2. The court previously gave judicial advice to the plaintiff on the settlement of other legal proceedings brought against the plaintiff in accordance with prayer 1 of the summons by orders made on 3 March 2025.
3. The deceased was survived by Ms Merlo, and his three children: Tommy and Katya, both of whom are minors, and Elysia Marocchi (who is his daughter by a prior de facto relationship). Without intending any disrespect, I will refer to the deceased's children by their first names.
4. As the deceased's de facto relationship with Ms Merlo had ceased before his death, the beneficiaries of his intestate estate are his three children, Tommy, Katya and Elysia: Succession Act, s 127.
5. Notice of this application was provided to the three beneficiaries of the estate and also Ms Merlo, and they have indicated that they do not wish to be heard on the application.
6. The plaintiff is a solicitor with considerable experience in family law as well as wills and estates. A grant of letters of administration of the deceased's estate in favour of the plaintiff was made by this Court on 28 February 2023. Details of the steps he has taken to determine the nature and value of the estate of the deceased and the background to the various claims against the estate are found in his affidavit sworn on 19 November 2024. In addition, the court has the benefit of advice from counsel as to the two matters on which judicial advice is sought. It is apparent from the plaintiff's affidavit that he has encountered a number of difficulties in determining the nature and value of the estate due to the issues referred to in his affidavit, which has contributed to the delay in resolving the Family Law proceedings.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1970efc939898c26360aad15)
Disclaimer: Curated by HT Syndication.
