September 05, 2012
THE father of Brookfield mother Allison Baden-Clay has been given an interim order to take control of her estate from her husband Gerard.
Justice Glenn Martin on Wednesday ordered Allison's father, Geoffrey James Dickie, be appointed as administrator of her estate until such time as Gerard is found either guilty or innocent of his wife's murder.
Justice Martin made the orders when lawyers acting for Mr Dickie applied to take over administration of his late daughter's estate, collect and protect her assets and pay the estate's debts.
Barrister Caite Brewer, for Mr Dickie, told the court the parties, including lawyers acting for Gerard, had reached an agreement regarding the granting of the interim order.
The decision means Mr Dickie will have to reapply to the court for a permanent order in the event Gerard is convicted of Alison's murder.
However, Gerard would be reinstated as executor of his late wife's estate in the event he is acquitted of the charges.
Mr Dickie and wife Priscilla are now raising their three granddaughters, aged 10, 8 and 5, whose mother went missing from their home at Brookfield on April 20.
Allison's body was found 10 days later in Kholo Creek, Anstead.
Gerard Baden-Clay was arrested by police and charged with his wife's murder on June 13.
He intends to fight all charges, his lawyers have said.
Mr Dickie's application cites the Uniform Civil Procedure Rules, which permit changes to estate administration when the "personal representative is no longer capable of acting in the administration".
Baden-Clay is in Arthur Gorrie Correctional Centre awaiting his next committal mention on September 24.
http://www.couriermail.com.au/news/...ntrol-her-estate/story-e6freon6-1226465022390