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.
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