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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

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All Episodes

00:44:42

SUCCESSION: My mother-in-law / My spouse

Just in Case Law ·

2024/08/11

CASE: Estate of Shirley Gardner Bernengo v Leaney [2019] NSWSC 1324Shirley Gardner Benengo died on 19 June 2017 without a Will, leaving an estate worth more than $3.5 million and a legal battle to see who would claim it. There was no doubt that the person who had been closest to her was Juan Jose Bernengo, also known as Marco. Marco had been Shirley's son-in-law for almost 20 years, up until the death of her daughter (his wife) Gaye-Marie in 2007. But the question was - had Marco been

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00:23:57

SUCCESSION: Informal Wills

Just in Case Law ·

2024/08/07

WARNING: Disturbing content; discussion of suicide. CASE: Re Estate of Carrigan [2018] QSC 206 In 2017 a husband died from a self-inflicted gunshot wound. Just before his death, he had left a voice message on his friend's phone stating that he wanted his life insurance to be paid to his children ($3 million each) and the rest of his estate to his wife. He then made a voice recording on a mini tape recorder stating the same thing. Did either voice recording qualify to be an informal Will

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00:23:06

CRIME: Assisted suicide

Just in Case Law ·

2024/08/04

CASE: The Public Trustee of Queensland v The Public Trustee of Queensland & Ors [2014] QSC 47WARNING: Disturbing content of suicide and death. Francis Ward, who went by the name Frank, died in June 2009 as a result of a drug overdose. He left an estate worth about $140,000. Two years before his death, Frank had made a homemade Will which appointed his friend Merin Nielsen as his executor and left his estate to Merin. In 2012, Merin was convicted of having assisted Frank to commit suicide. It

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01:09:23

SUCCESSION: The doctor's young drinking buddy

Just in Case Law ·

2024/08/01

CASE: Gill v Garrett [2020] NSWSC 795; Gill v Garrett (No 2) [2020] NSWSC 1473Dr Bill Garrett was a brilliant medical scientist, who in the 1960s was one of the small team of Australians who developed ultrasound for monitoring pregnancies. In 1996 an unlikely friendship formed between the good doctor and a man 30 years his junior, Jason Gill. They met at a pub in Paddington where Jason was the life of the party. He invited Dr Garrett to join his trivia team and they would frequently meet at the

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00:25:17

LAND: A collection of property disputes

Just in Case Law ·

2024/07/28

What happens when there are co-owners to land, one owner wants to sell and the other doesn't? A co-owner can apply for an order under section 66G of the Conveyancing Act 1919 (NSW) in which trustees are appointed to take charge of the property and sell it. In this episode we look at some examples. Van Oosterum v Van Oosterum [2011] NSWSC 663 Farming property owned 50% by Edward and 50% by his son Glenn, daughter Leonie and son-in-law Matthew. After a family breakdown the children want to

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00:35:18

SUCCESSION: Another forged Will

Just in Case Law ·

2024/07/24

CASE: Alan John Hyland as executor of the estate of the late John Walter Popham Luscombe v Healy [2013] NSWSC 1513Herbert Walter Luscombe died in January 2009 at the age of 98. He left an estate worth $3.4 million that he had intended to leave to his closest relative, his nephew John Luscombe. It was a surprise to everyone when Laura Healy came forward to claim that she and Herbert had been friends for 17 years and had been lovers. She even had Herbert's last Will signed by him on 28 October

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00:13:20

SUCCESSION: Suspicion alleviated

Just in Case Law ·

2024/07/21

CASE: Able Australia Services v Yammas [2010] VSC 237Beryl Rose Simmons (‘the deceased’) died on 19 February 2007. She was 96 years old. About a year earlier, on 23 March 2006, she had signed her last Will. The last Will made some gifts to her nephew David, three grand-nieces and two charities. It left the residue of her estate (worth about $400,000) to her friend John Yammas. David was suspicious about the Will. Able Australia Services (formerly the Deafblind Association) had been the primary

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00:26:00

CRIME: The forged Will

Just in Case Law ·

2024/07/17

CASE: Adams v R [2019] NSWCCA 295Edna Pearson was 77 years old and suffering from vascular dementia when she met 34-year-old Victoria Adams. Victoria quickly became Edna's cleaner. She and her family inserted themselves into Edna’s life, providing assistance until Edna was completely dependent upon them. But theirs was not a fortuitous and altruistic friendship. Victoria had identified Edna as elderly, incapacitated person of significant means. She established and maintained a relationship

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01:07:19

SUCCESSION: No good deed goes unpunished

Just in Case Law ·

2024/07/14

Frank v Angell [2024] NSWSC 158Max Frederick Willis had a keen interest in the development of the Solomon Islands and in providing opportunities for people from the Solomon Islands to come to Australia to obtain tertiary qualifications. From 2015 until his death in 2021, Sharon Frank and her family lived in Max's house while she studied a Bachelor of Arts and a Masters of Arts at Western Sydney University. As well as free accommodation, Max loaned Sharon and her family significant funds to

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00:12:56

SUCCESSION: Deathbed Will

Just in Case Law ·

2024/07/11

Willmott v McCourt [2002] WASC 210Cecil Ray French died at Murray District Hospital in Pinjarra on 5 August 1999. He was 87 years old. During the 3 days he was in hospital with a chest infection, he was confused and falling in and out of consciousness. In one of his barely conscious moments, a friend who was visiting him helped him lift his arm and directed his hand to sign his last Will. After Cecil's death, the first question for everyone was "Did Cecil know what he was

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00:35:22

ADMINISTRATIVE: Who's in charge here?

Just in Case Law ·

2024/07/07

Law Society of New South Wales v Hocking [2017] NSWCATOD 19From July 2009 to January 2014, Bruce Percy Hocking was working as a solicitor. He was also the director of DC Legal Pty Ltd. During that time, the firm mishandled trust money, used client money to pay the firm's bills, charged excessive fees, and misappropriated client money. In March 2014, the NSW applied to have Hocking removed from the Roll of Local Lawyers for professional misconduct and for misleading the Law Society

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00:18:27

ADMINISTRATIVE: Qualified to practice medicine

Just in Case Law ·

2024/07/03

Lee v R [2022] NSWDC 178For 8 months in 2021 Zhin Zin Lee was practicing medicine when she was not qualified to do so. She had failed her final university subjects, but still accepted an intern position with Bankstown-Lidcombe Hospital. Her deception was eventually discovered and Zhin Zin Lee was charged with the offence of not being registered as a health practitioner while claiming to be qualified to practice.

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00:21:18

SUCCESSION: Insane Delusions

Just in Case Law ·

2024/06/30

Carr v Homersham [2018] NSWCA 65The case of Banks v Goodfellow (1870) LR 5 QB 547 set the golden standard for assessing testamentary capacity - the capacity to execute a Will. Very briefly, the test is: 1. Does the testator understand the act and the effects of making a Will? 2. Does the testator understand the extent of the property of which they are disposing? 3. Does the testator comprehend and appreciate their moral duties? 4. Is the testator affected by a disorder of the mind or insane

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00:27:20

SUCCESSION: The murder of Stuart Rattle (Part 2)

Just in Case Law ·

2024/06/26

Re Rattle [2018] VSC 249 In the last episode, we looked at the trial of Michael O'Neill who pleaded guilty to murdering his partner Stuart Rattle in 2013. In this episode, we look at the complex legal proceedings that followed to determine who would inherit Stuart's $1million estate. The proceedings involved: an informal Will the left Stuart's estate to the partner who killed him, Michael, the application of the forfeiture rule to ensure that Michael didn't benefit from his

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00:27:20

CRIMINAL: The murder of Stuart Rattle (Part 1)

Just in Case Law ·

2024/06/24

DPP v O'Neill [2015] VSC 25; DPP v O'Neill [2015] VSCA 325WARNING: Disturbing content In 2013, Michael Anthony O'Neill pleaded guilty to murdering his partner of 16 years, Stuart Rattle. The relationship was marked with disputes and a power imbalance to culminated in the tragic events of 4 December 2013 in which Michael hit Stuart over the head with a frying pan and strangled him with a dog lead. He left the corpse in their shared unit for a few days, before setting the unit on fire

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00:09:19

ELDER LAW: Attorney to account

Just in Case Law ·

2024/06/19

Downie v Langham [2017] NSWSC 113 Just a short episode on an attorney called to account for their suspicious transactions. Dianne Langham was the attorney for her aunt Gwen. After Gwen's death, her son Rodney noticed suspicious transactions on her bank account. On investigation, he came to believe that Dianne had misappropriated $120,000 of her aunt Gwen's money.

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00:18:42

WILLS: Invalid Will

Just in Case Law ·

2024/06/17

Estate El Chami; Habib v El Chami [2016] NSWSC 1208Elias Yacoub El Chami died on 23 February 2014, at the age of 92 years. He left an estate with a value of about $917,000. Elias had made two Wills during his lifetime. His first Will made in 1992 left his entire estate to his brother Salim. His second and final Will made in 2014 left his entire estate to his neighbour Habib. This Will was made only 10 days before Elias' death. Salim challenged the 2014 Will and was successful. The Court

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00:30:33

EMPLOYMENT: Bedtime business

Just in Case Law ·

2024/06/12

Comcare v PVYW [2013] HCA 41Are you entitled to compensation if you are injured on a work trip? Are you entitled to compensation if the injury occurs in your hotel room after the work is done for the day? Are you entitled to compensation if you are injured while having sex in the hotel room? Those are the questions that were answered in the case we are covering this episode.

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00:31:21

ADMINISTRATIVE: Pilkvist Part 2

Just in Case Law ·

2024/06/10

Pilkvist & Coburn (Deceased) [2019] FamCA 635There are two interesting parts to this matter. In the first part, covered in our previous episode, we looked at the family law application in which Ms Pilkvist claimed to have been in a de facto relationship with Mr Coburn for 5 years. She was seeking a property division that would see her receive a 35% share of Mr Coburn's $11million estate. Her application was unsuccessful and it was determined that she had only been his paid carer during

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00:22:15

FAMILY: Pilkvist Part 1

Just in Case Law ·

2024/06/05

Pilkvist & Coburn (Deceased) [2019] FamCA 635There are two interesting parts to this matter. First, there is the family law application from a supposed de facto partner, seeking a division of property. Second, there is a criticism and reprimand of the solicitor and barrister who represented the applicant. In this episode, we look at the family law application in which Ms Pilkvist claimed to have been in a de facto relationship with Mr Coburn for 5 years up until they were separated against

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145 results

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