Just in Case Law

CASE: Schnur & Urbina [2024] FedCFamC1F 374; Kleid v Schnur [2024] FedCFamC1A 236 In April 2024, a family law parenting matter was derailed on the 1st day of trial due to the conduct of the mother's barrister. The barrister, referred to as Mr B, admitted to not having read all the case materials, to scheduling another court appearance on the same day as the 1st day of trial, and was later...

CASE: Fenwick, Re; Application of J.R. Fenwick & Re Charles [2009] NSWSC 530 WARNING: Disturbing content; child abuse In this 2009 decision, Justice Palmer compared two different applications for a Court made Will (known as a Statutory Will). Robert Fenwick had made a Will in 1987. Ten years later, he suffered a severe head injury at work which resulted in permanent cognitive impairment. It wa...

CASE: Allan v Dobbins & Ors [2024] QDC 169 When David Allan died on 14 June 2020, his Will left most of his estate to 3 of his 7 adult children. Of the remaining 4 children, 3 were left with a mere $50 each and the last - Noel - was left nothing. For decades, Noel had worked the family farm and been in partnership with his parents. But the partnership ended in 1998 when Noel threatened to shoo...

CASE: R v Jackson [2024] NSWCCA 156 WARNING: Disturbing content - sexual intercourse without consent Glen William Jackson operated a farming business outside of Goulburn. He employed a young man, JM, who lived in a shed on the farm. On 24 April 2021, JM's 19 year old sister visited him. That night, 62 year old Glen Jackson sexually assaulted JM's sister. Glen Jackson was found guilty of fo...

CASE: Privet v Vovk [2005] NSWSC 1258 In April 2003, Maria Lendvai suffered a stroke and was hospitalised. As a result of the stroke, she became dependent on others for care and she would also say fantastic, unbelievable things that had friends doubting her cognitive state. Maria was still in hospital two months later when, on 13 June 2003, a celebrant attended upon her and performed the marriage...

CASE: Victorian Legal Services Board v Berry [2024] VSC 778 There must be some serious misconduct for a solicitor to have their name removed from the Roll of Legal Practitioners held by the Supreme Court. In this case, Ms Elise Berry's conduct as a family lawyer was so egregious that in 2022 her licence to practice law was cancelled. She took no notice of that and continued to practice anyway, res...

CASE: Moradi v Comcare [2024] FCA 812 Yasmin Moradi was an employee of the Translation Interpretation Service (TIS) within the Department of Home Affairs as a Farsi (Persian) interpreter for periods of various lengths and in different locations. Moradi's last deployment was cut short one-month early because of the lack of need for Farsi interpreters. Moradi sought compensation for psychological in...

CASE: Re Pacella [2019] VSC 170 It is not uncommon to include a provision in your Will that sets out how you would like your physical remains disposed of and your idea of an appropriate resting place. Some requests, however, can be quite extravagant and outlandish. Francesco Pacella wanted a family crypt. A large crypt that could fit 20 coffins, to be built in a cemetery in Italy. He left $200,000...

CASE: R v Thompson, David; R v Thompson, Phillip [2019] NSWSC 1396 WARNING: Disturbing content If you are responsible for the care of a person and they die because you have failed to provide that care, you may be charged with manslaughter by gross criminal negligence. This was the charge that was brought against David and Phillip Thompson when their mother died in September 2017. In 2017, Shirley...

CASE: Smith v Kenneth [2016] QCA 267 For people familiar with the best Aussie movie of all time - 'The Castle' - you will know that for a lawyer, being called "Dennis Denuto" is most definitely not a compliment. That is what happened in this case. Solicitor Brett Smith was acting in a family law dispute. The husband on the other side, on several occasions, referred to him as "Dennis Denuto". Brett...

CASE: McCarthy v Tye [2017] NSWCA 284 Can a boarder and a housemate make a claim on your estate? In some circumstances, the answer may be yes. Peter McCarthy had been a boarder in the house of Diane Green from 2003 to 2014. He paid rent and his own expenses. After 11 years of living together, they had become close friends and even went on a few holidays together. After Diane's death in 2014, Peter...

CASE: Badman v Drake [2008] NSWSC 1366 Dorothy Badman was 87 years old when she gave $345,000 to her hairdresser and friend Judith Drake. Judith and her husband were about to lose their home. Dorothy agreed to give them the money and in exchange, she would live with there and escape the dreaded nursing home. Before transferring the money, both Dorothy and Judith got legal advice from their own sol...

CASE: Leary v NSW Trustee and Guardian [2017] NSWSC 1113 Colleen Pidcock's Will left her estate to be divided equally between her 4 children... subject to the money they owed her. Her son John Leary owed her $551,541. This was the amount of money that Colleen spent on John's legal fees from that time 8 years earlier when John had kidnapped his 3 year old daughter, absconded overseas, and tried to...

CASE: An Elderly Plaintiff NSW Trustee & Guardian v A Daughter and Granddaughter[2019] NSWSC 1747, Grant v Grant (No2) [2020] NSWSC 1288; Grant v Grant [2020] NSWCA 328; and Grant v Grant (No 3) [2021] NSWSC1. Dr Alan Grant and Gwynneth Grant were a successful couple, raising their five children in the secluded beachside village of Killcare. It could have been an idyllic life but from from a y...

CASE: Pietsch and Secretary, Department of Social Services [2024] AATA 2678 In May 2020, Russell Pietsch was 70 years old and newly in love. His young bride Tresha was 18 years old and living in the Philippines. But there was a bug in their budding romance. For 6 years Russell had been receiving the age pension at the single rate and now that he was in a relationship, his payments were cut. Russel...

CASE: Wallis v Rudek [2020] NSWSC 162; Wallis v Rudek (No 2) [2020] NSWSC 215 Yuri & Olga Wallis were in financial crisis. They were about to lose their house in Pennant Hills, Sydney. The property was worth $950,000 but they owed $840,000 to the bank and they were unable to pay the mortgage. They asked their daughter Suzanne to buy them out on the agreement that Suzanne and her family would l...

CASE: Fiorenza v Fiorenza [2024] NSWSC 549 This case involves a dispute between Irene Fiorenza and her son Matthew Fiorenza over ownership of the property at 69 Amherst Street, Cammeray. Irene had inherited the property from her late mother in 2016 and had let her son Matthew and his family live there rent-free. In 2018, she transferred a 10% interest in the property to Matthew. In 2023, Irene ask...

CASE: Rydzewski v Rydzewski [2024] NSWSC 802 Maria Rydzewski had 4 children: Kevin, Barbara, Danuta and Stan. In July 2016, Danuta died and Maria (who was 91 years old at the time) was deeply affected by her daughter's death. There became a rift in the family due to a dispute as to whether Stan had caused his mother to miss Danuta's funeral. A year later, Maria transfers two properties to her daug...

CASE: Coss v Norman (No 2) [2021] NSWSC 1490 WARNING: disturbing content; suicide David Henry Norman and Rodney James Coss ("James") had been in a relationship from 2012. They had separated in May 2019, 4 months before David’s death. In the 4 months before his death, David had made 4 Wills. The last Will left most of most of his estate to David's sister Fiona, but also left a gift worth about $200...

CASE: Petrovski v Nasev; the estate of Janakievska [2011] NSWSC 1275 Vasilka Janakievska, also known as Vasa Janakievska, died on 29 May 2009 at the age of 87 years. During her life she made two Wills – one in April 1999 and another in December 2004. For many years leading up to the execution of the 2004 Will, Vasilka was harassed and threatened by her brother-in-law Alex Nasev. He was demanding t...

CASE: Jenny Yang v FCS Business Services Pty Ltd [2020] FWC 4560 Can you make an unfair dismissal case when the employee handed in their signed resignation letter? You can if the person resigned due to the conduct of the employer. Jenny Yang was accused of spreading rumours at the office Christmas party. In an odd situation, all the staff were invited to a meeting to vote on whether they had heard...

What is a de facto relationship? And can you be in a de facto relationship without even knowing? CASE: PY v CY [2005] QCA 247 In 1997, PY and her son were living with CY in his house as a family unit. PY moved to the Sunshine Coast to look after her elderly parents, but CY planned to join her there as soon as he had sold his business. The relationship eventually broke down and PY applied for a pro...

Regina v Phillip Raymond Parkes [2006] NSWSC 331 WARNING: Disturbing content In 2005, Grace Parkes was 84 years old and required full-time care. Of her three children, it was decided that her son Phillip would quit his job to care for her. Only Phillip didn't want to become a full-time carer. On the day before he was expected to resign from his job, Grace was murdered in her home. Phillip very...

Bradley v Irvine; Irvine v Irvine [2024] NSWSC 727 Maxwell Charles James Irvine passed away on 3 May 2021. His last Will allowed his de facto partner of 35 years (Dawn) to reside in the family home for the rest of her life. He left the residue of his estate to his sons Peter and Michael. He left nothing to his 3 stepdaughters (Cynthia, Karen and Glennis). Maxwell had been estranged from his stepda...

CASE: Irvine v Irvine [2008] NSWSC 592 In the middle of his ongoing legal battle with his sister Elizabeth over their late father's estate, Maxwell Irvine took some time to reconnect with his aunt Rosa. Rosa was a 90 year old widow living alone in Orange and her only real asset of value was her house. Within a year, Maxwell had convinced his aunt that Elizabeth had abandoned her and that Rosa...