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PODCAST

Just in Case Law

Hear about some of the most interesting Australian legal cases, including deceased estates, forged Wills, financial abuse, divorce and family law disputes, professional and medical negligence, and any other case that has enough drama to be worth discussing. I"m a solicitor specialising in Wills, Estates & Elder Law, so I kinda know what I"m talking about and will try to make it all make sense. This podcast is absolutely not legal advice or a dull legal lecture, but is more a legal soap opera

true crime

All Episodes

01:08:37

CRIME: The Saints on trial (PART 5)

Just in Case Law ·

2025/03/23

CASE: R v Struhs & Ors [2025] QSC 10 WARNING: disturbing content. 8-year-old Elizabeth Rose Struhs died on 7 Jan 2022 and her death was entirely preventable. Elizabeth was a diabetic and for two years, her condition had been managed and treated with insulin. That all ended on 3 January 2022 when the decision was made to not give Elizabeth insulin ever again. That decision was made by her parents, with their support of their small home-based religious congregation. This case will be covered in 5

en-au

00:49:25

CRIME: Unlawful common purpose (PART 4)

Just in Case Law ·

2025/03/19

CASE: R v Struhs & Ors [2025] QSC 10 WARNING: disturbing content. 8-year-old Elizabeth Rose Struhs died on 7 Jan 2022 and her death was entirely preventable. Elizabeth was a diabetic and for two years, her condition had been managed and treated with insulin. That all ended on 3 January 2022 when the decision was made to not give Elizabeth insulin ever again. That decision was made by her parents, with their support of their small home-based religious congregation. This case will be covered in 5

en-au

00:12:08

CRIME: Criminally negligent (PART 3)

Just in Case Law ·

2025/03/18

CASE: R v Struhs & Ors [2025] QSC 10 WARNING: disturbing content. 8-year-old Elizabeth Rose Struhs died on 7 Jan 2022 and her death was entirely preventable. Elizabeth was a diabetic and for two years, her condition had been managed and treated with insulin. That all ended on 3 January 2022 when the decision was made to not give Elizabeth insulin ever again. That decision was made by her parents, with their support of their small home-based religious congregation. This case will be covered in 5

en-au

00:29:10

CRIME: Near death (PART 2)

Just in Case Law ·

2025/03/16

CASE: R v Struhs & Ors [2025] QSC 10 WARNING: disturbing content. 8-year-old Elizabeth Rose Struhs died on 7 Jan 2022 and her death was entirely preventable. Elizabeth was a diabetic and for two years, her condition had been managed and treated with insulin. That all ended on 3 January 2022 when the decision was made to not give Elizabeth insulin ever again. That decision was made by her parents, with their support of their small home-based religious congregation. This case will be covered in 5

en-au

00:28:49

CRIME: The Struhs and The Saints (PART 1)

Just in Case Law ·

2025/03/16

CASE: R v Struhs & Ors [2025] QSC 10 WARNING: disturbing content. 8-year-old Elizabeth Rose Struhs died on 7 Jan 2022 and her death was entirely preventable. Elizabeth was a diabetic and for two years, her condition had been managed and treated with insulin. That all ended on 3 January 2022 when the decision was made to not give Elizabeth insulin ever again. That decision was made by her parents, with their support of their small home-based religious congregation. This case will be covered in 5

en-au

00:50:41

ELDER LAW: He said / she said

Just in Case Law ·

2025/02/24

CASE: Simpson v Hodges [2007] NSWSC 1230Pamela Amy Simpson died on 14 July 2004. She was survived by her two children: a son named Howard Collins Newby Simpson, and a daughter named Shelley Emma Elizabeth Hodges. Unfortunately, Pamela’s death kicked-off many used of litigation between her two children. Eight months before Pamela's death, $200,000 was transferred from her bank account to her daughter Shelley's account. Shelley claimed that it was a gift; a contribution to the costs of

en-au

00:29:41

SUCCESSION: The son left behind

Just in Case Law ·

2025/02/17

CASE: Seymour v Seymour [2024] NSWSC 699WARNING: disturbing content; DV. In 1971, Terence Seymour became the father to a little boy named Mark Seymour. 3 years later, Terence left his family and had little contact with his son after that. Fast forward to 1991 and Terence married Helen Mary Seymour. He was still married to Helen at the date of his death 31 years later in July 2022. 3 weeks before he died, Terence had made his last Will that left his entire estate to Helen.Mark made an application

en-au

00:14:49

ELDER LAW: Attorney out of line

Just in Case Law ·

2025/02/12

CASE: QZH [2023] NSWCATGD 21The pseudonyms:QZH (the person of interest): "Q" or "the father"UBH (spouse): "U-B" or "the mother"KAH (son, applicant): "KAH" or "the good son"OYH (son, attorney/guardian): "OYAH" or "the other son"In this case, we have an adult son (referred to as OYH) who has moved back in with his parents. All of his possessions cluttered up the house, to the extent that his parents (both in their 80s)

en-au

00:44:55

FAMILY: Bad barrister

Just in Case Law ·

2025/02/09

CASE: Schnur & Urbina [2024] FedCFamC1F 374; Kleid v Schnur [2024] FedCFamC1A 236In 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 discovered not to be eligible to appear in a Federal Court.This decision related to the father's

en-au

00:52:09

SUCCESSION: Statutory Wills

Just in Case Law ·

2025/02/03

CASE: Fenwick, Re; Application of J.R. Fenwick & Re Charles [2009] NSWSC 530WARNING: 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 was likely that the beneficiaries in his 1987 would die before him, causing an intestacy and

en-au

00:25:08

SUCCESSION: No provision for Noel

Just in Case Law ·

2025/01/27

CASE: Allan v Dobbins & Ors [2024] QDC 169When 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 shoot his father. Noel walked away from the partnership with one-third of the family farm. In

en-au

00:14:50

CRIME: Manifestly inadequate

Just in Case Law ·

2025/01/19

CASE: R v Jackson [2024] NSWCCA 156WARNING: 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 four counts of sexual intercourse without consent and he was sentenced to 3 years and 6 months in prison,

en-au

00:19:23

SUCCESSION: Are you my husband?

Just in Case Law ·

2025/01/14

CASE: Privet v Vovk [2005] NSWSC 1258In 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 ceremony between Maria and Felix Privet. On 30 June, the Guardianship Tribunal determined that Maria

en-au

00:37:34

ADMINISTRATIVE: Berry interesting

Just in Case Law ·

2025/01/12

CASE: Victorian Legal Services Board v Berry [2024] VSC 778There 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, resulting in proceedings in 2024 to have her name struck from the Roll of Legal Practitioners. This case

en-au

00:09:09

ADMINISTRATIVE: No simple injury

Just in Case Law ·

2025/01/08

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 injuries sustained as a result of the early termination. Comcare denied liability. Moradi appealed that

en-au

00:27:20

SUCCESSION: Crypt keeper

Just in Case Law ·

2025/01/05

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 in his Will to be used for this purpose and tasked his nephew Emidio with the job of building the

en-au

00:13:47

CRIME: Refusing care

Just in Case Law ·

2024/12/18

CASE: R v Thompson, David; R v Thompson, Phillip [2019] NSWSC 1396WARNING: 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 Thompson was 72 years old and living in an apartment in Western Sydney wit her two sons. On 23 August,

en-au

00:15:33

DEFAMATION: The Dennis Denuto lawyer

Just in Case Law ·

2024/12/16

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 took extreme offence and made a claim for damages for defamation. The judge determined that the

en-au

00:36:40

SUCCESSION: Beware of the boarder

Just in Case Law ·

2024/12/08

CASE: McCarthy v Tye [2017] NSWCA 284Can 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 made an application to receive a substantial part of her estate - mainly the house he was still

en-au

144 results

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