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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

00:27:46

CIVIL: A busy bookkeeper

Just in Case Law ·

2025/09/21

CASE: Napier Keen Pty Ltd v Smith [2023] NSWSC 1134Beverley was a bookkeeper for the law firm Keen Lawyers for 16 years. After Beverley resigned, her boss Mr Keen discovered that Beverley had been taking money from the business. Over a period of 7 years, she siphoned over $1 million from the firm. Unfortunately, by the time the theft was discovered, Beverley had lost most of the funds in pokie machines.The firm sued not only Beverley, but also her partner Gregory. Although Gregory was not involved

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00:39:52

CONTRACT: The mistress contract

Just in Case Law ·

2025/09/14

CASE: Ashton v Pratt (No 2) [2012] NSWSC 3Madison Ashton provided escort services to the late Richard Pratt, a married man of exceptional wealth. She would provide such services from time to time and for reward. When Pratt ended the relationship in 2004, Ashton sued him to enforce their contract. According to Ashton, if she left the escort business and became Pratt's mistress, Pratt agreed to create a trust fund of $2.5 million for each of her two children and pay her an allowance of $500,000

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00:46:22

ELDER LAW: Granny flat gone wrong #1

Just in Case Law ·

2025/08/31

CASE: Hughes v Sangster [2019] ACTSC 178Christine Hughes and her daughter Martell Sangster decided to combine their finances and buy a house together. Christine contributed 100% of the purchase price, but was only registered on title as owning 50%. Martell had promised that she would pay her mother 50% of the purchase price as soon as she sold her existing house. They all moved into the new home together: Christine, her daughter Martell, Martell's husband Dr Sangster and their three children

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00:19:10

SUCCESSION: An international application (Part 2)

Just in Case Law ·

2025/08/24

CASE: Re Estate Condon; Battenberg v Phillips [2017] NSWSC 1813Blanche Minnie Condon died in 2016 leaving behind an estate worth about $7m. She had made her last Will only a few weeks before her death. Her Will made no provision for her nephew Andrew Battenberg, who was living in Scotland. Andrew challenged the validity of the last Will. He much preferred Blanche’s earlier Wills in which he got a little something. The catch? What makes this case different? Andrew had no assets in Australia, which

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00:20:48

SUCCESSION: An international application Part 1

Just in Case Law ·

2025/08/17

CASE: Re Estate Condon; Battenberg v Phillips [2017] NSWSC 1813Blanche Minnie Condon died in 2016 leaving behind an estate worth about $7m. She had made her last Will only a few weeks before her death. Her Will made no provision for her nephew Andrew Battenberg, who was living in Scotland. Andrew challenged the validity of the last Will. He much preferred Blanche’s earlier Wills in which he got a little something. The catch? What makes this case different? Andrew had no assets in Australia, which

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00:28:12

ELDER LAW: Granny napping

Just in Case Law ·

2025/08/11

CASE: KNQ [2019] NSWCATGD 19Despite the almost comical feel of the term “granny napping”, it is a serious problem that involves taking control over an older person’s life, isolating them from family and support networks, in order to get a financial advantage or other personal reasons. It is generally a traumatic experience for everyone involved. In this case, everyone agreed that the older person KNQ (referred to in the episode as "Kate") was in need of full-time care in a nursing home

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00:10:29

SUCCESSION: Coupledom

Just in Case Law ·

2025/07/27

CASE: NSW Trustee & Guardian v McGrath [2013] NSWSC 1894Ethel Clarke was estranged from her family. Her closest relatives where six grandchildren who she rarely saw and who appeared to want nothing to do with her.When Ethel died in October 2009 without a Will, the NSW Trustee & Guardian were appointed as the administrators of her estate. Maurice McGrath claimed that he had been Ethel's de facto partner of more than 20 years, and was therefore entitled to a share of her estate. The

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00:50:05

ADMINISTRATIVE: The barrister that couldn't stop

Just in Case Law ·

2025/07/20

CASE: The Council of the NSW Bar Association v Rollinson [2021] NSWSC 1319; The Council of the NSW Bar Association v Rollinson [2021] NSWSC 1090; The Council of the NSW Bar Association v Rollinson [2022] NSWSC 407; The Council of the NSW Bar Association v Rollinson (costs) [2021] NSWSC 1091Michael Rollinson was a barrister and in 2021 there was a delay in receiving his certificate to practice law. He gave an undertaking to stop working as a barrister until he had his practicing certificate. But he

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00:11:10

CRIME: Long awaited justiced

Just in Case Law ·

2025/07/13

CASE: Katsis v R [2018] NSWCCA 9WARNING: This case involves disturbing details of acriminal assault and rape. In 1988, Doris Fenbow was 66 years old and living in a housing commission unit in Little Bay. She kept to herself and didn't associate with her neighbours. In September, smoke was seen coming from Doris's unit. Two neighbours forced their way in and made a horrific discovery. They found Doris deceased body. She had been assaulted and raped. It would take 26 years before Doris'

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00:26:20

CRIME: Adult chat

Just in Case Law ·

2025/06/22

CASE: R v Bredal [2024] NSWCCA 75WARNING: Disturbing content of child sex offencesDaniel Christian Bredal (45 years old) was charged with a child sex offence, that offence being using a carriage service to groom a person under 16 years. There was no 16-year-old child on the other end of the communications. It was in fact a fictious assumed online identify operated by the police. Bredal was sentenced to 1 year and 7 months imprisonment. However, due to exceptional circumstances, he was released

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00:22:24

SUCCESSION: How to cancel your Will

Just in Case Law ·

2025/06/15

CASE: In the Estate of Edward Steven Middleton [2019] QSC 128If you tear up your Will, does it cancel the Will or does it only cause a whole lotta headache for the administrator of your estate? In this case, both. There is a presumption that where the Will was last in the possession of the testator, and it cannot be located after their death, that the testator intentionally destroyed their Will intending to revoke it. This is problematic where the Will has simply been misplaced or destroyed

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00:55:13

SUCCESSION: A random stranger

Just in Case Law ·

2025/06/09

CASE: Sadiq v NSW Trustee and Guardian [2015] NSWSC 716When Christina Coombes died in June 2013, she left behind a decrepit home in Paddington, Sydney, and no Will. After her death, Waleed Sadiq, a man 18 years her junior, claimed to have been in a romantic relationship with Christina for the past 17 years.However, there was no record of Christina ever having a parter and her neighbours said that Waleed was just man who came by sometimes selling junk door-to-door. Which was it? Was he her devoted

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00:52:16

SUCCESSION: The good son

Just in Case Law ·

2025/06/02

CASE: Priestley v Priestley [2017] NSWCA 155In 2002, there was a rupture in the Priestley family that resulted in the father Gordon and his son on one side, facing off against the mother Beverley and two other children Christopher and Claire. It resulted in not only the breakdown of Gordon's marriage, but also the family farming operation. When the matter was settled, after 2 years of litigation, all the parties walked away with a chunk of the farm properties.For most of his life, Duncan had

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00:32:41

ADMINISTRATIVE: The lawyer's stalker

Just in Case Law ·

2025/05/19

CASE: Re Legal Practitioners Admissions Board and Sousa [2025] QSC 56In 2023 Chanel Sousa had completed her law degree and was ready to become a lawyer. She applied to the Legal Practitioners Admissions Board to be admitted to the Roll of Legal Practitioners, to be able to practice law in Queensland. Her application immediately hit a wall - Benjamin Millmann submitted an objection to Chanel’s admission. The reasons behind his objection were odd to say the least and related to Millmann's past

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00:19:16

SUCCESSION: Don't say estranged

Just in Case Law ·

2025/05/12

CASE: Rada v Smith [2024] NSWSC 273“In the legal folklore which surrounded will making in Victorian England, the archetype of the spiteful father was one who disinherited his only child and left everything to the Battersea Dogs Home. That, almost literally, is what the plaintiff says her late father has done to her, albeit in Australia.” (Justice Kunc)In this case the estranged daughter Rebecca moved with her mother to Canada when she was only 3 years old. Her father Igor stayed in Australia and

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01:20:16

ADMINISTRATIVE: Unprofessional messages

Just in Case Law ·

2025/05/04

CASE: Jamil v Medical Board of Australia [2024] SASC 90; Medical Board of Australia v Jamil [2023] SACAT 45.In 2020 Dr Shamyal Hamoon Jamil was working as a registered medical intern at an Adelaide Hospital. At the same hospital, university medical students would under work placements. Jamil was charged with inappropriate sexual conduct in relation to two of the medical students, referred to in the judgment as AB and CD. This case includes reviewing some of the messages exchanged, secret messages

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00:22:30

SUCCESSION: Entitled ex-wife

Just in Case Law ·

2025/04/27

CASE: Milewski v Holben [2014] NSWSC 388Colin Robert Holben died when he was 50 years old. His last Will created an overly complex structure of testamentary trusts to hold his $11 million estate for his family. His family consisted of his wife Lisa and their two teenage sons. But Colin had been married before, to Adele Judith Milewski. They had divorced 16 years before Colin's death. And Colin died, Adele made an application for provision from her ex-husband’s estate and, due to some unique

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00:36:10

SUCCESSION: Grave owner

Just in Case Law ·

2025/04/06

CASE: Vosnakis v Arfaras [2015] NSWSC 625Helen Vosnakis was buried in Eastern Suburbs Memorial Park – formerly known as Botany Cemetery - on 25 July 2012. She left behind her husband, Joseph Vosnakis, and her mother, Aristea Arfaras. Not long after Helen’s burial, Joseph and Aristea would be entrenched in a sad legal dispute. There was a burial licence for Helen’s grave that permitted two people to be buried in the grave. The legal dispute related to who owned the licence and who would eventually be

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00:24:51

SUCCESSION: An expensive mistake

Just in Case Law ·

2025/03/30

CASE: Galic v Engelina Maria Sellin as executrix of the estate of Milan Glavota [2025] WASCA1Wills are important documents to be taken seriously, both in the drafting and the signing. They distribute the deceased person’s wealth and possessions. You definitely don't want there to be any uncertainty as to what a clause in the Will means. In this case, a difference in interpretation was worth more than $7million. Lucija Glavota's last Will made the following gift:"I GIVE all my house

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00:32:31

CRIME: Sentencing remarks (PART 6)

Just in Case Law ·

2025/03/26

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. In this final part, we find out

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