The Supreme Court of New South Wales in Balcomb v Brownlee recently held that the phrase “full and final settlement” as used in an agreement to settle an ‘out of time’ family provision claim brought under Ch 3 of the Succession Act 2006 (NSW) meant that the settlement would exhaust the plaintiff’s claim completely and conclude the litigation between the parties and that this outcome could only be achieved by a Court-approved s 95 release. Read about the case here.
Family provision: Balcomb v Brownlee and the meaning of “full and final settlement”
Posted in Papers
