Therese Catanzariti

Therese has been listed in the 2018, 2019 & 2020 editions of Doyle’s Guide as a Recommended NSW Junior Counsel in the area of Wills & Estates Litigation and the 2020 edition of Doyle’s Guide as a Recommended Australia Wills & Estates Litigation Junior Counsel

Areas of Practice

Qualifications

Bachelor of Economics (Accounting), University of Sydney

Bachelor of Laws (Honours I), University of Sydney

Master of Laws (Merit), University of London

Graduate, Company Directors Course, Australian Institute of Company Director

Professional experience

Senior Associate, King Wood Mallesons (formerly Mallesons Stephen Jaques)

Senior Legal Counsel, Nokia, Finland and GE Healthcare, Finland and Sweden

Associate to Justice Hill, Federal Court of Australia

Selected Cases

Heffernan v Innes [2021] NSWSC 1033 – informal will – effect of alcohol on capacity; lost will – presumption of destruction; admissibility of evidence – coroners report

Kathryn Lee v Margaret Lee [2021] NSWSC 808 – family provision – adult daughter – standard of accommodation required by claimant; notional estate – limits on power to designate notional estate

Estate of Huber (No.2) [2021] NSWSC 187 – estate administration – costs – executors costs of proceedings – executors costs of appeal – executors right of indemnity

Rattigan v Hanly [2020] NSWSC 1722 – estate administration – beneficiary suing executor for removal and mal-administration – executor’s right to claim costs from estate during the proceeding

Estate of Huber [2020] NSWSC 1539 – estate administration – passing of accounts – legal costs – commission

Armitage v Fraser [2020] NSWSC 979 – family provision – remote hearing – Deceased’s statements about applicant – applicant’s financial resources include inheritance from father with dementia who cannot change his will

Micallef v Linney – Estate of Hope Marie Linney [2020] NSWSC 898 – probate – knowledge and approval – codicil in the context of will and earlier codicil – knowledge of effect of will, not just knowledge of contents of will

The Estate of Milan Zlatevski; Geroska v Zlatevski [2020] NSWSC 250– probate – testamentary capacity – delusions – presumptions

Barbuto v Barbuto [2019] NSWSC 1023 – family provision – whether testamentary discretionary trust provides proper and adequate provision; lack of full and frank disclosure; gambling

Re Estates Croft, deceased [2018] NSWSC 1303 – probate – lack of testamentary capacity

Sackelariou, Edward v O’Donnell; Sackelariou, George v O’Donnell [2018] NSWSC 1651 – burden of family provision order – beneficiary not consent to burden of provision

Sergent v Glass (No 2) [2018] NSWSC 1100 – family provision order of whole estate to sons where widow is sole beneficiary but unable to be located and unwilling to engage with proceedings

Sergent v Glass [2017] NSWSC 1446 – special grant of administration to independent third party to compromise family provision claim – substituted service through facebook messenger

Viljoen v Hayes [2017] NSWSC 801 – request for estate documents – UCPR 54.3 – preliminary discovery for potential family provision claim

JR Consulting & Drafting v Cummings [2016] HCATrans 202 (High Court Special Leave) – copyright subsistence computer software, trade secrets, abandonment

JR Consulting & Drafting Pty Limited v Cummings [2016] FCAFC 20 – copyright in computer software, subsistence, infringement, authorisation, directors liability; trade secrets; contract construction

McIntyre v O’Regan [2015] NSWSC 1985 – family provision – adult children

Boaz v Hyde [2014] NSWSC 1591 – restrain executor from dealing with estate property pending trial

Underwood v Gaudron [2014] NSWSC 1055 – family provision – estranged adult child

Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney [2013] NSWSC 1520 – family provision – de facto; severely disabled child

Rappard v Williams [2013] NSWSC 1279 – legal capacity; appointment of tutors

Danihel v Manning [2012] NSWSC 556 – disclosure under SC Eq 11 Supreme Court Practice Note

JR Consulting & Drafting Pty Ltd v Cummings [2014] NSWSC 1252 – computer software, intellectual property licences, construction of commercial contracts, implied terms, breach of contract, notice provisions, unconscionable conduct, conspiracy, tortious interference contractual relations, misleading and deceptive conduct, copyright, trade mark, confidential information

Publications Available for Download

The Way You Do the Things You Do

09/09/2021

Do you Trust me? – Testamentary Trusts and Family Provision
11/11/2020

Fate Worse than Death; Keeping an Estate out of Court
4/09/2019

Brady Bunch Bunfight– family provision and blended families

4/09/2019

Brats & Bitches – family provision and ex-wives, step-children and estranged children
4/09/2019

Lean on Me – Dependency in Family Provision Claims
3/04/2018

Dealing with Clients with Potentially Impaired Mental Capacity
23/10/2017

Death and the Maiden – Probate & Copyright
21/06/2017

Abandonment of Trade Marks
9/09/2016