Patricia Muscat
Patricia was listed in the 2020 and 2021 editions of Doyle’s Guide as a Recommended NSW Junior Counsel in the area of Wills & Estates Litigation. In 2022, Patricia was listed as Leading NSW Junior Counsel in that area.
Qualifications
Bachelor of Arts (Hons), University of Notre Dame Australia
Bachelor of Laws (Hons), University of Notre Dame Australia
Professional experience
Patricia was called to the Bar in 2019.
She practices in wills and estates (including contested probate and family provision matters), protective matters and general equity.
Since coming to the Bar, she has appeared led and unled in hearings, motions and directions hearings, primarily in the Equity Division of the Supreme Court.
Prior to being called to the Bar, Patricia was an Associate at Uther Webster and Evans practising primarily in the same areas of law. She was named in the Doyles Guide as a “rising star” in wills and estates in 2016, 2017 and 2018.
Patricia worked as the tipstaff to the Family Provision List Judge, the Honourable Hallen J, in the Supreme Court of New South Wales in 2014.
Membership
NSW Bar Association
Selected Cases
Fay Noble Dunn by her Tutor Monica Ross-Maranik v David Brenton Dunn [2022] NSWSC 1339 (unled) (Kunc J): approval of a settlement involving a protected person and a private trust regime
Catholic Parish of St Brigid Marrickville v Habib as Executor of the Estate of the late Tereza Efram [2022] NSWSC 1139 (unled) (Slattery J): construction of wills, ademption and the application of s 83 of the NSW Trustee and Guardian Act 2009
Benz v Armstrong; Benz v Armstrong; Benz v Armstrong [2022] NSWSC 534 (unled) (Ward J, as her Honour then was): successful application for an extension of time, a family provision order, and notional estate orders in a large estate/notional estate by an estranged adult son
Benz v Armstrong; Benz v Armstrong; Benz v Armstrong (No 2) [2022] NSWSC 668 (unled) (Ward J, as her Honour then was): costs and ancillary orders, including principles regarding gross sum costs orders
Refalo v Gatt [2021] NSWSC 926 (led by M K Meek SC, as his Honour then was) (Robb J): construction of wills and testamentary options
Refalo v Gatt (No 2) [2021] NSWSC 1677 (led by M K Meek SC, as his Honour then was) (Robb J): costs and ancillary orders
Megerditchian v Khatchadourian [2019] NSWSC 1870 (led by C D Wood SC) (Parker J): defence of a family provision claim by an adult child
Megerditchian v Khatchadourian (No 2) [2020] NSWSC 112 (led by C D Wood SC) (Parker J): costs in family provision proceedings
Megerditchian v Khatchadourian [2020] NSWCA 229 (led by C D Wood SC) (Court of Appeal): appeal to first instance award in favour of an adult child who applied for a family provision order, successfully resisted with costs
Micallef v Linney – Estate of Hope Marie Linney [2020] NSWSC 898 (led by J E F Brown) (Emmett AJA): defence of probate challenge on the grounds of a want of knowledge and approval and undue influence
Micallef v Linney [2020] NSWSC 1457 (led by J E F Brown) (Emmett AJA): costs in contested probate proceedings
In the matter of Cupit & Aboud as trustees of the Australian Trust [2020] NSWSC 1715 (led by M K Meek SC, as his Honour then was) (Ward J, as her Honour then was): judicial advice to trustees in respect of minor’s trust where beneficiary to attain majority and there are adverse taxation and costs consequences
Nicol v Nicole; The Estate of Peter Nicole [2020] NSWSC 419 (unled) (Hallen J): costs in settled probate proceedings
King v Attorney General for New South Wales [2020] NSWSC 629 (unled) (Hallen J): application for a cy-près scheme
Noa Nayacakalou v Raeleen Vincent [2020] NSWSC 24 (unled) (Henry J): funeral dispute and burial rights