Just in Case Law

Di Cecco v Contini [2004] VSC 211 Armando Contini died in 2002 leaving three adult children. His daughter Giuliana and his two sons Fulvio and Mario. In the last 10 or so years of his life, there was a severe breakdown in Armando’s relationship with his two sons – involving two significant disputes and loss of contact. In contrast, during that time Giuliana had stepped up to provide more care and...

WARNING: This episode involves disturbing details of animal neglect and the death of animals. Veterinary Practitioners Board of NSW v Johnson [2010] NSWADT 308 In 2009 the Veterinary Practitioners Board of NSW accused veterinarian Dr. Terrence Johnson of professional misconduct in his treatment of a cat that was left in his care, as well as his handling of animal remains. While Dr. Johnson's c...

Alexander v Jansson; Jansson v Alexander [2009] NSWSC 1000 The death of his father and some family transfers resulted in Eric Martin Jansson owning the 2/3rds family home and farm with his mother who owned the remaining 1/3rd. Eric and his mother Ellen lived together in the homestead for about 42 years as they ran a farming business together. Eric died unexpectedly in 2005 at the age of 61. He die...

WARNING: Violent content and harsh language. Richards v R [2023] NSWCCA 264 Michelle Nicole Richards and her ex-husband JR were involved in hostile Family Court proceedings. Michelle was not happy with how the case was progressing and decided to take matters into her own hands by attempting to hire a hitman. An undercover sting operation and recorded conversations in a bowling club carpark led to...

Nahata v Robertson [2023] NSWSC 642 The plaintiffs (Himanshu Nahata and Priyanka Jain) wanted to construct a duplex on their land. To do so, they needed to put in storm water drainage, that would have to go through their neighbour's land. The neighbours, Russell & Stana Robertson, did not agree to grant an easement over their land. Among their reasons for refusing was that the construction...

There is a temptation to use the latest technology or to add a more personal touch to your final farewell to the world, by doing a video Will. This episode we look at two cases that demonstrate why you should resist the temptation. Re Marian Moyne Demowbray Marian was in her hospital bed when she asked her two friends to help her film a video Will. The next day a nurse suggested that she do a writ...

Council of the Law Society of New South Wales v Sideris [2024] NSWCATOD 3 Voice actors: Liam Schofield and Shay Riley-Lewis (solicitors at Baker Love Lawyers) George Sideris had been a solicitor for more than 30 years when, in 2023, the Law Society of NSW applied for the removal of his practicing certificate. He was accused of professional misconduct in persistently communicating directly with the...

Colin Olsen died at the 87 years. He was survived by his wife of 56 years, Beverley, and their three children. He also had a child from a previous relationship, Craig Olsen. Colin's Will left his entire estate to Beverley. Craig made an application for provision from the estate. What makes this case particularly interesting was that Craig was a successful solicitor and the Court was critical o...

The State of Western Australia v Mack [2012] WASC 127 WARNING: This episode involves violence and disturbing content. In 2012, Brent Mack was found guilty of the murder of his mother Ah Bee Mack (known as Pauline). Brent was to inherit from his mother's estate however, the forfeiture rule provides that a person convicted of murder cannot inherit from the person they have killed. Brent's br...

Lucas v Salman [2022] NSWSC 1301 It was a modern love story. George and Jill met in 1999 and fell in love. They each had children from previous relationships. George had two children (Paul and Joanne) and Jill had two children (Paul and Karl). Jill died in February 2016 and her estate, including the matrimonial home, were inherited by George. After Jill's death, George made a Will which would...

R v Gavare [2011] SASC 142 WARNING: DISTURBING CONTENT On 3 December 2008, 83-year-old Vonne Isabelle McGlynn went missing from her home in Reynella, Adelaide. 6 days later, a woman named Angelika Gavare attended Vonne's bank and tried to withdrawn $2,000 from Vonne's account. Investigating police discovered that Angelika had known Vonne, had approach Vonne several times seeking to become...

Bar-Mordecai v Rotman [2000] NSWCA 123; Hillston v Bar-Mordecai [2003] NSWSC 89 The Bar-Mordecai saga involves a doctor (Michael Bar-Mordecai, 36 years old) who commenced a relationship with his patient (Eveline Hillston, 72 years old) and not only continued to act as her doctor, but also got her to work for free in his medical clinic. Eveline died in 1994 and soon after started legal proceedings...

Bar-Mordecai v Rotman [2000] NSWCA 123; Hillston v Bar-Mordecai [2003] NSWSC 89 The Bar-Mordecai saga involves a doctor (Michael Bar-Mordecai, 36 years old) who commenced a relationship with his patient (Eveline Hillston, 72 years old) and not only continued to act as her doctor, but also got her to work for free in his medical clinic. Eveline died in 1994 and soon after started legal proceedings...

Bar-Mordecai v Rotman [2000] NSWCA 123; Hillston v Bar-Mordecai [2003] NSWSC 89 The Bar-Mordecai saga involves a doctor (Michael Bar-Mordecai, 36 years old) who commenced a relationship with his patient (Eveline Hillston, 72 years old) and not only continued to act as her doctor, but also got her to work for free in his medical clinic. Eveline died in 1994 and soon after started legal proceedings...

Case: Meena v Jacobs; Re The Estate of Catherine Nolan [2004] NSWSC 1191 Catherine Nolan may not have intended to leave 40% of her estate to charities, but the question for the Court was whether they could rectify her Will to change that outcome? This case deals with the power of the NSW Supreme Court to rectify a will where there has been a clerical error made and how that power will not be avail...

[Birch v Birch [2020] QCA 31 (28 February 2020) Birch v Birch [2018] QSC 289 (16 November 2018)] Doug Birch worked on his parents farm 'Fairyland' for his whole life. In exchange for his commitment, his parents gifted him 1/3rd of the property. After his father's death, his mother Betty gifted him another 1/3rd of the property. She also wrote a letter to her other children explaining t...

Marlow v Croft [2020] NSWSC 251 Fourteen years before his death, in 2002, Thomas Marlow had done his Wills using a proforma will form. This is a form that sets out the clauses and you fill in the gaps. The form read "I give the residue of my estate to" and Thomas had written: "My wife Violet Marlow and to stay at the Blacktown property till she dies and the house or belongings not t...

Jones v Robinsons & Ors [2019] NSWSC 932 Daisy Roach handwrote her last Will in September 2013 and her lack of punctuation led to a costly legal dispute over the correct interpretation of her wishes. One interpretation would leave about $2.2 million to her favourite nieces, Lynette and Joy. A different interpretation would see the $2.2 million divided between all of Daisy's 18 nieces and n...

Day v Peake [2023] QDC 178 The administration of the estate of the late Desmond Guy screeched to a grinding halt when 2 of his 7 children refused to move out of their deceased father's property. They both made an application for further provision from his estate - Scott Day later dropped his claim. Lloyd Day made his application late and the Court first needed to determine whether they should...

Calvin v McTier [2017] FamCAFC 125 Mr Calvin and Ms McTier married in February 2002, separated in April 2010 and divorced in August 2011. After they separated, they did not have a formal division of assets or property settlement. In January 2014, Mr Calvin received an inheritance from his late father's estate. In March 2015, Ms McTier commenced proceedings in the family law courts seeking a di...

Issa v Owens [2023] QSC 4 Hind Issa owned 2 properties: 42 Barak Street Bulleen in Victoria, and 30 Francis Street, Mermaid Waters, Qld. In 2018 she got the shock of her life when she found out that her properties had been mortgaged, the loan payments had defaulted, and the bank was taking her homes. More distressing, it was her son James who she suspected forged her signatures on the loan and mor...

Bell v NSW Trustee & Guardian; Estate of William Anthony Hickey [2020] NSWSC 1164 When William Hickey was 16 years old, he suffered a traumatic brain injury and was awarded compensation. He spent most of his life travelling Australian with his parents, who provided him with close supervision and care. After the death of his parents, he would have been left alone but instead was made a member o...

WARNING: This case covers disturbing content in relation to end of life and may not be appropriate for all audiences. Hunter and New England Area Health Service v A [2009] NSWSC 761 The common law recognises two relevant but in some cases conflicting interests: A competent adult’s right of autonomy or self–determination: the right to control his or her own body; and The interest of the State in pr...

Suzanne Dale Smith by her next friend the Public Trustee v Marion Kathryn Partridge as executor of the estate of Thomas Smith [2018] WASC 128 The executor of a deceased estate has a pretty important and powerful position - they are tasked with holding all the assets in the estate, paying the debts, and distributing the estate to the nominated beneficiaries within a reasonable time. But what happen...

Harty v Chilton [2021] FamCA 34 What rights does a grandparent have when the parents of the grandchildren are separated or when there are questions about who the grandchildren should live with? In this case there were 3 grandchildren between the ages of 11 and 16 years old. For too long they had been moved about, uprooted time and again, with no settled home they could rely on. The parents had sep...