Olsen v Olsen & Ors [2019] NSWCA 278 (19 November 2019) (Meagher JA at [1]; White JA at [2]; Emmett AJA at [85])


Catchwords:


APPEALS – actual or apprehended bias – unfavourable comments at pre-trial hearing – whether primary judge dissuadable from alleged fixed opinion – criticism of legal representatives – whether justified – whether indicative of bias

SUCCESSION – family provision – claim by adult son – where deceased remarried – where deceased left entire estate to family from second marriage – deceased’s moral obligation to widow – discussion of role of freedom of testamentary disposition in family provision claims