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Brit Ibanez

Associate

Telephone:
07 3239 2960
Email:
brit.ibanez@mcmahonclarke.com

Experience:  Brit is an associate with McMahon Clarke Legal and works in the litigation and risk management team.

Brit specialises in corporations law, contractual disputes and estate litigation.  She provides the full range of dispute resolution services, from risk management advice through to large scale litigation.

Brit's areas of expertise include the following:

  • Resolving shareholder oppression actions, acting for both the company and the minority shareholder.
     
  • Advising directors about their potential liability in advance of making board decisions.
     
  • Acting for parties in relation to joint venture and partnership disputes.
     
  • Conducting litigation about disputed contract rights and obligations.
     
  • Advising fund managers, responsible entities, custodians and trustees in relation to their risks and obligations as trustees and under the financial services law.
     
  • Estate litigation, on behalf of estate administrators and beneficiaries.
     
  • Advising estate administrators about their obligations when administering the estate.

Brit joined McMahon Clarke Legal in January 2002, soon after her admission as a solicitor, and worked with the litigation and risk management team for two years before moving to a private company based in New York. She returned to McMahon Clarke Legal in 2008.

Expertise:  Click here for examples of the litigation and risk management team's recent work.

Professional Qualifications:  Bachelor of Laws (Honours) and Bachelor of International Business. Brit is currently completing her Masters in Laws (Litigation and Dispute Resolution) at the University of Queensland.

The cost of claiming from an estate

It is a commonly held view that both parties to family provision litigation may have their costs paid out of the estate, but this is not necessarily the case. 

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Unsuccessful family provision applications

The 2009 New South Wales Court of Appeal decision in Ford v Simes is another example of an unsuccessful applicant. In this case, the determining factor was one of estrangement between the son and his father.

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Estrangement not enough to defeat claim

On 5 February 2010, the Queensland Supreme Court delivered its judgement in the case of O’Donnell v Gillespie.

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