Solemn form proceedings - Matthew Curwood SC. 18 May 2023

This seminar will cover:

• The nature and effect of solemn form proceedings and the differences between solemn form and common form non-contentious applications.
• Commencement of proceedings and joinder of parties and giving notice to interested parties.
• Revocation of common form grants.
• Compromise of solemn form proceedings and necessary elements and considerations for proving a will in an undefended trial after a commercial settlement has been reached
• Trials of contested contentious proceedings include considerations of the onus of proof falling upon a propounding party, evidence that should be investigated and led at trial, and the utility of expert evidence.

About the speaker:

Matt Curwood has practiced for over 25 years as both a barrister and a solicitor. Since joining the Bar, Matt has had a broad practice, principally in wills and estates, equity and trusts, commercial matters, and legal costs. He regularly appears as counsel in Supreme Court and District Court trials, on interlocutory matters, and at mediations.

In addition to appearing as counsel, Matt regularly undertakes complex advice work in areas such as constructive trusts, fiduciary breach, contested probate, and as to the merits of claims against deceased estates, specifically under the Family Provision Act.

Prior to joining Francis Burt Chambers, Matt was the principal of his own legal practice, Curwood & Co Lawyers. In that role he assisted clients in a wide range of litigious disputes and in estate planning.

Matt has been recognised as recommended or leading junior counsel in the Doyles Guide (Wills and Estates) each year since 2016.

Since 2009, Matt has been a member of the Legal Costs Committee, the statutory committee that determines levels of remuneration for legal practitioners in Western Australia. He is a regular presenter at seminars on legal costs issues.

Matt is a contributing author to the LexisNexis publication Civil Procedure in Western Australia (also known as the Red Book).