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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

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

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00:13:18

ELDER LAW: Don't ignore your solicitor

Just in Case Law ·

2024/12/04

CASE: Badman v Drake [2008] NSWSC 1366Dorothy 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 solicitors. The solicitors wanted to structure the transaction in such a way that it protected Dorothy's

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00:41:47

SUCCESSION: Leery about Leary

Just in Case Law ·

2024/12/01

CASE: Leary v NSW Trustee and Guardian [2017] NSWSC 1113Colleen 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 ransom the child back to her mother. John was claiming that he never agreed to pay his mother back for

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01:15:51

ELDER LAW: Family under attack

Just in Case Law ·

2024/11/24

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 young age, their eldest daughter Nerez created problems with her aggression and tantrums. The whole

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00:15:33

ADMINISTRATIVE: Yearning for the single life

Just in Case Law ·

2024/11/18

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. Russell was not going to take this lying down! He appealed all the way to the Administrative Appeals

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00:51:48

ELDER LAW: In too deep with the in-laws

Just in Case Law ·

2024/11/10

CASE: Wallis v Rudek [2020] NSWSC 162; Wallis v Rudek (No 2) [2020] NSWSC 215Yuri & 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 live in the upstairs dwelling and they would live in the downstairs dwelling. Suzanne stepped up to

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00:22:06

ELDER LAW: Mum v Son

Just in Case Law ·

2024/11/06

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 asked Matthew to either begin paying rent or to leave the property. Instead, Matthew claimed that his

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01:23:31

ELDER LAW: Inexplicable gifts

Just in Case Law ·

2024/11/03

CASE: Rydzewski v Rydzewski [2024] NSWSC 802Maria 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 daughter-in-law Jenny and one property to her granddaughter Krystina. The reason for the transfers? In

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00:44:28

SUCCESSION: 4 Wills in 4 months

Just in Case Law ·

2024/10/27

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 $200,000 to James. After David's death, James applied for further provision from the estate, claiming that

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00:41:11

SUCCESSION: Coerced Will

Just in Case Law ·

2024/10/09

CASE: Petrovski v Nasev; the estate of Janakievska [2011] NSWSC 1275Vasilka 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 that she leave her Erskineville house to him. In 2004 Alex took Vasilka to see his solicitor and was

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00:25:50

ADMINISTRATIVE: Workplace gossip

Just in Case Law ·

2024/10/02

CASE: Jenny Yang v FCS Business Services Pty Ltd [2020] FWC 4560Can 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 Jenny spreading rumours. Jenny denied spreading the rumours but was not believed. She signed the

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00:21:29

SUCCESSION: Are we de facto?

Just in Case Law ·

2024/09/25

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 property settlement. CY argued that there could be no family law property settlement because there had

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00:14:42

CRIME: Reluctant Carer

Just in Case Law ·

2024/09/22

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 quickly became the prime suspect and confessed to killing his mother.

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00:53:42

SUCCESSION: Maxwell Charles James Irvine Part 3

Just in Case Law ·

2024/09/15

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 stepdaughters for over 20 years, since they accused him of sexual abuse. Following a criminal trial,

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00:28:22

ELDER LAW: Maxwell Charles James Irvine Part 2

Just in Case Law ·

2024/09/08

CASE: Irvine v Irvine [2008] NSWSC 592In 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 needed to appoint him as her attorney and to leave her house to him and his two sons in her Will. But

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00:38:10

CONTRACT: Maxwell Charles James Irvine Part 1

Just in Case Law ·

2024/09/04

CASE: Dowling v Irvine [2005] NSWSC 531When Verdun Irvine died in 1992, he left behind a large farming property in Toogong NSW known as Lowery. Verdun's wife Enid was granted the right to live on the farm for the rest of her life. She did so, with her son Maxwell, and they continued the farming operations together. When Enid died in 2002, the farm was supposed to be sold and the proceeds divided between Verdun's three children Maxwell, Elizabeth and Robert. But that couldn't happen

en-au

00:43:28

FAMILY: Divorced at 85

Just in Case Law ·

2024/09/02

CASE: Anaya & Anaya [2019] FCCA 1048 After 46 years of marriage, Mr & Mrs Anaya decided to call it quits. They divorced when they were both in their 80s. What caused the separation may be considered to be a simple financial transaction or the straw that broke the camel's back. There was a lot to consider when deciding how to divide the matrimonial assets, including: Whether to include a significant inheritance the wife had received earlier in the relationship; What weight to give

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00:41:24

ELDER LAW: Granny flat gone wrong

Just in Case Law ·

2024/08/25

CASE: McFarlane v McFarlane [2021] VSC 197In 2015, Judith McFarlane signed over her house to her son Mark McFarlane in exchange for "natural love and affection". The very next year, Judith moved into aged care and had no money to pay for her nursing home accommodation or care fees. Transferring the house to Mark not only took away her main asset, but also caused her to lose her pension. In 2018, the State Trustees acting for Judith took Mark to Court to try to get her house back. Not

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00:15:56

SUCCESSION: Disorder of the mind

Just in Case Law ·

2024/08/21

CASE: Estate El Chami; Habib v El Chami [2016] NSWSC 1208For most of Elias El Chami's life he suffered from paranoid schizophrenia and was institutionalised several times. His brother Salim had supported him for much of his life, but in the last 10 years they had no contact due to Elias' irrational behaviour. When Elias was 92 years old he made his final Will leaving his entire estate to his friend Mr Habib. He had only known Habib for several months, but Elias stated he did not want to

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00:40:24

CRIME: Negligent Manslaughter

Just in Case Law ·

2024/08/18

CASE: The State of Tasmania v Jassy Anglin and Michael Anglin (13 April 2015); Janet Lois Mackozdi (2018) TASCD 274 WARNING: Disturbing content In the middle of winter, on 23 July 2010, Janet Lois Mackozdi was left to spend the night in an uninsulated shipping container. At the time, she was 77 years old and weighed only 40kg, she was frail and could not walk, she had dementia and had diminished mental capacity, she had flu like symptoms and was hallucinating. Overnight, the temperature in the

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145 results

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