Therese Catanzariti

Email:
tcatanzariti@13wentworth.com.au

Called to the Bar:
2010

Therese Catanzariti

Therese has specialist expertise in wills and estates, particularly estates involving companies, trusts, partnerships and superannuation, and rural estates involving farms and water entitlements. Therese has been listed in the Doyle’s Guide as a Recommended NSW Junior Counsel in the area of Wills & Estates Litigation since 2018 and since 2020 as a Recommended Australia Wills & Estates Litigation Junior Counsel.

Areas of Practice

Qualifications

Bachelor of Economics (Accounting), University of Sydney

Bachelor of Laws (Honours I), University of Sydney

Master of Laws (Merit), University of London

Graduate, Company Directors Course, Australian Institute of Company Director

Professional experience

Senior Associate, King Wood Mallesons (formerly Mallesons Stephen Jaques)

Senior Legal Counsel, Nokia, Finland and GE Healthcare, Finland and Sweden

Associate to Justice Hill, Federal Court of Australia

Selected Cases

Patterson v Mamou (t/as De Novo Conveyancing) [2024] NSWDC 47 – conveyancer professional negligence –property not comply with building standards – proportionate liability

Pronesti v Napoli [2024] NSWSC 1049 – family provision – contested order for DNA test

Fragmentary Pty Ltd and Screen Australia (Taxation) [2024] AATA 3316 – Division 376 producer offset – applicant eligibility – meaning of “carried out, or made the arrangements for the carrying out of, all the activities that were necessary for the making of the film”

Atchison v Holloway; Holloway v Atchison [2024] NSWSC 1523 – enforcement of agreement made at mediation

In the matter of Neil Walter Morison [2022] NSWSC 1758 – presumption of death

Scalone v Diaconu [2021] NSWSC 1194 – family provision – adult children – estranged

Heffernan v Innes [2021] NSWSC 1033 – informal will – effect of alcohol on capacity; lost will – presumption of destruction; admissibility of evidence – coroners report

Kathryn Lee v Margaret Lee [2021] NSWSC 808 – family provision – adult daughter – standard of accommodation required by claimant; notional estate – limits on power to designate notional estate

Estate of Huber (No.2) [2021] NSWSC 187 – estate administration – costs – executors costs of proceedings – executors costs of appeal – executors right of indemnity

Rattigan v Hanly [2020] NSWSC 1722 – estate administration – beneficiary suing executor for removal and mal-administration – executor’s right to claim costs from estate during the proceeding

Estate of Huber [2020] NSWSC 1539 – estate administration – passing of accounts – legal costs – commission

Armitage v Fraser [2020] NSWSC 979 – family provision – remote hearing – Deceased’s statements about applicant – applicant’s financial resources include inheritance from father with dementia who cannot change his will

Micallef v Linney – Estate of Hope Marie Linney [2020] NSWSC 898 – probate – knowledge and approval – codicil in the context of will and earlier codicil – knowledge of effect of will, not just knowledge of contents of will

The Estate of Milan Zlatevski; Geroska v Zlatevski [2020] NSWSC 250– probate – testamentary capacity – delusions; fraudulent misrepresentation / calumny; presumptions

Barbuto v Barbuto [2019] NSWSC 1023 – family provision – whether testamentary discretionary trust provides proper and adequate provision; lack of full and frank disclosure; gambling

Re Estates Croft, deceased [2018] NSWSC 1303 – probate – lack of testamentary capacity

Sackelariou, Edward v O’Donnell; Sackelariou, George v O’Donnell [2018] NSWSC 1651 – burden of family provision order – beneficiary not consent to burden of provision

Sergent v Glass (No 2) [2018] NSWSC 1100 – family provision order of whole estate to sons where widow is sole beneficiary but unable to be located and unwilling to engage with proceedings

Sergent v Glass [2017] NSWSC 1446 – special grant of administration to independent third party to compromise family provision claim – substituted service through facebook messenger

Viljoen v Hayes [2017] NSWSC 801 – request for estate documents – UCPR 54.3 – preliminary discovery for potential family provision claim

JR Consulting & Drafting v Cummings [2016] HCATrans 202 (High Court Special Leave) – copyright subsistence computer software, trade secrets, abandonment

JR Consulting & Drafting Pty Limited v Cummings [2016] FCAFC 20 – copyright in computer software, subsistence, infringement, authorisation, directors liability; trade secrets; contract construction

McIntyre v O’Regan [2015] NSWSC 1985 – family provision – adult children

Boaz v Hyde [2014] NSWSC 1591 – restrain executor from dealing with estate property pending trial

Underwood v Gaudron [2014] NSWSC 1055 – family provision – estranged adult child

Peipi v Peipi as Administrator of the Estate of the late Ashoor Hilaney [2013] NSWSC 1520 – family provision – de facto; severely disabled child

Rappard v Williams [2013] NSWSC 1279 – legal capacity; appointment of tutors

Danihel v Manning [2012] NSWSC 556 – disclosure under SC Eq 11 Supreme Court Practice Note

JR Consulting & Drafting Pty Ltd v Cummings [2014] NSWSC 1252 – computer software, intellectual property licences, construction of commercial contracts, implied terms, breach of contract, notice provisions, unconscionable conduct, conspiracy, tortious interference contractual relations, misleading and deceptive conduct, copyright, trade mark, confidential information

Publications Available for Download

“All My Worldly Belongings – And All My Other Stuff” Intangibles including Digital Assets

26/06/2026

Partnerships, Succession Planning and Estate Administration

02/10/2025

When the Bank of Mum & Dad shuts up shop – Family Finance and Estate Administration

25/08/2025

Knock, Knock, Knocking on Heavens Door – Producer Offset and Appeals to the ART

01/04/2025

Our Little Secret – mutual wills, gifts and advances, inter-generational transfers and partnerships

02/06/2022

The Way You Do the Things You Do – family provision litigation practice and client management