In Gooley v Gooley [2021] NSWSC 56 Sackar J considered the modern application of the test for testamentary capacity famously set out in Banks v Goodfellow (1870) LR 5 QB 549.
Traps and pitfalls in briefing experts and the forensic decision not to cross-examine them were also discussed in the judgment, providing useful guidance for all practitioners. Tamasin Jonker appeared for the successful defendant in the matter - with Joshua Knackstredt and instructed by Macpherson Kelley.
