Biography

Robert was admitted to practice as a barrister in 1979.  He specialises in Trusts, Wills and Estates and is a leading practitioner in those fields.  He has appeared in many significant cases in these areas of law, including:

• Sinnamon v. Proe [1996] QSC 164 –Will procured by undue influence
• Bridgewater v. Leahy (1998) 194 CLR 147 – doctrine of unconscionability
• Simpson v. Simpson [2011] QSC 196, Public Trustee v. Nielsen (2014) QSC 47 and Pike v. Pike [2015] QSC 134 –forfeiture rule in the case of assisted suicide and manslaughter
• Public Trustee v. Ball [2009] 2 Qd.R 327 – charitable trust, cy pres application
• Bauer v. Hussey [2011] QCA 91 – mutual Wills
• Dickson v. AAMI [2011] 1 Qd.R 214 – source and extent of Supreme Court’s inherent jurisdiction over incapacitated person
• McPherson v. Byrne [2012] QSC 394 – rectification of a Will for mistake of law
• Wilson v. Chapman [2013] QCA 235- rights of life tenant and remaindermen to “net income and profits” of trust
• Prosper v. Wojtowicz [2005] QSC 177 – “list certainty” of class gift
• McIntosh v. McIntosh [2014] QSC 99 – administrator’s fiduciary duty not to compete with estate for payment of deceased’s superannuation benefits
• Bennett v. Royal Australian Institute of Architects [2015] QSC 85, Lewis v. Lohse [2003] QCA 199 –disclaimer of testamentary gifts
• Affoo v. Public Trustee [2012] 1 Qd.R 309 – survival of claim for family provision after Applicant’s death and necessity for final Orders in family provision proceedings
• Darveniza v. Darveniza (2014) QSC 37 – at the time, Queensland’s largest family provision award
• Johnson v. Public Trustee [2010] QCA 260 –striking out family provision claim for want of prosecution
• Public Trustee v. Smith [2009] 1 Qd.R 26 – modern approach to Will construction

Robert is known for thorough preparation and a no-nonsense, direct approach to negotiation and litigation.  He is a member of the Society of Trust and Estate Practitioners (STEP) and often presents papers for the Queensland Law Society in the area of his expertise.