A 2018 report by The West Australian described a Perth family-provision dispute in which Supreme Court Justice Jeremy Curthoys criticized legal costs that could exceed $500,000 against an estate reported to be worth about $600,000. He awarded Angela Miller, the deceased’s former de facto partner, $220,000 from the estate. The figures and quotations below are those reported by the newspaper, not independently verified against the judgment.
What happened in the estate dispute?
Andre Taylor’s will left his estate to his adult children, Elizabeth and Philippe. Angela Miller, described in the newspaper report as Taylor’s former de facto partner, challenged the will through a family-provision claim. Justice Curthoys found, according to the report, that Miller was Taylor’s partner when he died and awarded her $220,000 from the estate.
The case was heard in a three-day trial in October before the newspaper’s 1 April 2018 report. The report put the estate’s value at about $600,000 at the time of trial.
Why did the judge call the costs a scandal?
The reported legal costs were potentially more than $500,000—close to the estate’s reported value. Justice Curthoys objected not merely to the expense but to its scale in a dispute over an estate intended for beneficiaries and people with potential claims.
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“The costs on this matter are not, as counsel for the executor described them, ‘unfortunate’. They are a scandal to the administration of justice and bring the legal profession into disrepute in the eyes of the public.”
The report also said the judge considered that only two lawyers should have been involved, although six lawyers had worked on the case, including one from interstate. He was quoted as saying: “Estates are not there to be feasted upon by lawyers but to go to the beneficiaries and those who might be entitled either under the will, the Administration Act or the Family Provision Act.”
Both quotations are reproduced as The West Australian presented them; the wording has not been checked against the judgment itself. The criticism concerned this particular case and should not be read as a finding about lawyers or estate litigation generally.
What costs did the newspaper report?
The West Australian gave this breakdown of the amounts associated with the dispute:
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| Item | Amount reported | What the report says |
|---|---|---|
| Estate value | About $600,000 | Value at the time of the trial, as reported in 2018. |
| Combined legal costs | Potentially more than $500,000 | Newspaper’s reported estimate; final costs orders had not yet been made when it published. |
| Defendants’ lawyers | Nearly $285,000 | Reported legal fees. |
| Executor Elizabeth Taylor | Nearly $77,000 | Reported costs associated with the executor. |
| Miller’s legal team | More than $140,000 | Reported legal costs. |
| Award to Angela Miller | $220,000 | Amount the judge reportedly awarded her from the estate. |
Cameron Eastwood, who represented Taylor’s children, told the newspaper that he charged them $109,000 after waiving nearly $160,000 in fees. That is his reported account of what he charged those clients; it does not establish the final amount paid by every party or the ultimate total of costs.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What is—and is not—established by the 2018 report?
- The case was a specific will contest and family-provision dispute, not a general ruling on legal fees in estate cases.
- The figures above are contemporaneous newspaper reports. The judgment was not independently verified here.
- The report said final costs orders were still pending when it appeared on 1 April 2018. It does not establish what orders were ultimately made, whether there was an appeal, or what later happened in the case.
- Accordingly, the reported costs should not be described as the final amounts paid or recovered by the parties.
Source: The West Australian, “Legal fee scandal: Lawyers ‘feast’ on Perth family estate,” 1 April 2018.
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