Thursday, 12 March 2026
Family Provision Court of Appeals Decisions: Challenging Discretionary Family Provision Judgements
Take a practical look at recent Court of Appeal decisions on family provision claims, focusing on how to challenge or defend discretionary judgments effectively.
Presented by Patricia Muscat, Barrister, 13 Wentworth Chambers; Preeminent Wills & Estates Litigation Junior Counsel, Doyle’s Guide 2025
Description
Attend and earn 1 CPD unit in Substantive Law
This program is based on NSW legislation
Chair
Gerard Basha, Partner, Bartier Perry; Accredited Specialist in Wills and Estates Law; Leading Wills, Estates & Succession Planning Lawyer, Doyle’s Guide 2025
Presenters
Patricia Muscat, Barrister, 13 Wentworth ChambersPatricia was called to the Bar in 2019 and practices from 13 Wentworth Chambers, primarily in probate, family provision, protective and equity litigation. Since being called to the Bar, she has been named in the Doyle’s Guide each year as a recommended, leading, or preeminent wills and estates litigation junior counsel. She has appeared in a number of noteworthy cases including litigation concerning the Benz Estate ([2022] NSWSC 534 and [2022] NSWSC 668) and Soulos Estate ([2022] NSWSC 1507 and [2023] NSWCA 243). Prior to being called to the Bar, Patricia was an Associate at Uther Webster and Evans and, in 2014, was the tipstaff to Hallen J (then, the Family Provision List Judge) in the Supreme Court of NSW.

Gerard Basha, Partner, Bartier Perry
Gerard’s distinguished career is built on a foundation of dual Bachelors in Economics and Law from Macquarie University, a Master of Laws, and a current thesis in Succession Law from Sydney University. He is an Accredited Specialist in Wills and Estates Law, holding a Master of Applied Laws from the College of Law. His leadership is reflected as a Notary Public, Chair of the NSW Wills and Estates Law Accredited Specialists Practice Group, and a Registered Trust and Estate Practitioner with a STEP Advanced Certificate in Trust Disputes. Furthermore, he is a Fellow of the Australian and New Zealand College of Notaries and completed the AICD Foundations of Directors Course. With over 38 years of experience, Gerard is a recognized leader in his field. His principal practice areas encompass wills, estate and business succession planning, capacity and mental health issues, powers of attorney, enduring guardian appointments, probate and estate administration, contested estate litigation, and equity and trusts. Gerard acts as an expert witness in Succession Law contested Court matters and also acts as a tutor and Court appointed administrator in contested Court matters as well as a Court appointed trustee for sale. He regularly presents and chairs seminars in succession law and trusts law. He has been a guest lecturer at the College of Law in the Master of Applied Law, Wills and Estate course. Since 2015, Doyle’s Guide has recognised Gerard as a leading wills, estates & succession planning lawyer and a leading wills & estates litigation lawyer. Best Lawyers since 2025 have recognised Gerard in the area of trusts and estates. Gerard is undertaking, on a part-time basis, a PhD on the scope of inheritance law in modern Australia.