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NEWS

Birch v Birch [2018] QSC 289

November 20, 2018

List member and incoming President of the Queensland Bar Association Ms Rebecca Treston QC appeared for the defendants in successfully defending claims of undue influence (including where a statutory presumption arose under a power of attorney), unconscionable conduct and breach of fiduciary duty in relation to a transfer of rural property. Douglas J dismissed the plaintiff’s claim. His Honour was not required to make an order in relation to the defendants’ counter claim for a mutual will, as the plaintiff’s claim had been unsuccessful, but made all findings in the defendants’ favour and would have so ordered a mutual will in the event the plaintiff’s claim had been successful.

Read full judgment here:

JUDGEMENT BIRCH V BIRCH [2018] QSC 289

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