Tuesday, 18 November 2025
Chair
Lorraine Madden, Special Counsel, Hale Legal
Colliding Paths: How Equitable Claims Affect FPA Proceedings
Explore how equitable doctrines—like proprietary estoppel, constructive trusts, mutual will agreements, and testamentary promises— intersect with Family Provision Act claims, creating complex litigation landscapes.
- For Claimants: Strategically decide whether to pursue FPA claims alone or alongside equitable claims, using testamentary promises and mutual will agreements to bolster their case
- For Executors/Estate Defenders: Navigate reduced asset pools due to equitable interests while coordinating defences across statutory and equitable frameworks
- Anayse recent cases
Presented by Michelle Bennett, Barrister, Francis Burt Chambers; Leading Wills & Estates Litigation Barrister, Doyle’s Guide 2025
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on WA legislation
Presenters
Michelle Bennett, Barrister, Francis Burt ChambersMichelle practices broadly in commercial and administrative law. She has a particular interest in equity, trusts and deceased estates. Michelle combines her extensive dispute resolution experience, legal skills and strategic instinct to provide pragmatic advice and assist clients to achieve their best outcomes. Michelle joined Francis Burt Chambers in 2024, having joined the Victorian Bar in 2019. Michelle practises in both Perth and Melbourne and regularly appears as counsel for, and advises, a range of public and private clients on matters including family provision claims, contentious estate proceedings and trusts, contract, property and consumer law disputes.
Lorraine Madden, Special Counsel, Hale Legal
Loraine is an experienced commercial litigator and has extensive experience in both estate planning, estate administration, and estate disputes. In addition to estate work, Lorraine advises on contract, property, and partnership disputes, and has defended prosecutions and disciplinary proceedings in relation to health and safety breaches, medical, and planning matters. Lorraine practiced in insurance litigation for many years. Lorraine regularly appears in the Supreme and District Courts and the State Administrative Tribunal. Prior to joining the Hale Legal dispute resolution team in 2022, Lorraine practiced in the UK at DLA Piper, Sydney at Henry Davis York and Perth at Minter Ellison and Lavan.
