Australia: Trials & Appeals & Compensation

Many parents worry about what will happen to their hard-earned assets after they die. Some worry, in particular, that one of their children may challenge their will and unravel the careful plans they have made. One approach (but fairly extreme strategy), is to restructure assets during their lifetime, transferring property or control of family trusts to a trusted child so that there is less in the estate for anyone to fight over. But can those lifetime transfers themselves be unwound later, on the basis that the parent was taken advantage of?

In the forced adoption case of Lamont, the Supreme Court confirmed that the plaintiff’s consent to the adoption of her child in 1968 was valid and informed, rejecting claims that she was coerced into doing so. The Court further found that the defendants adhered to the societal and legal standards of the time, and were not in breach of their duty of care in the course of the adoption.

On 4 March 2026, the Supreme Court of NSW handed down a decision which discussed the distinction between works defects and incomplete works, explored whether mere dissatisfaction of works is deemed defective, and provided a reminder of the importance of an expert witness’ independence when preparing a report (lest their opinion be given less weight as a consequence).