Willmott v McCourt [2002] WASC 210 Cecil 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 signing?"

Law Society of New South Wales v Hocking [2017] NSWCATOD 19 From 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...

Lee v R [2022] NSWDC 178 For 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.

Carr v Homersham [2018] NSWCA 65 The 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...

DPP v O'Neill [2015] VSC 25; DPP v O'Neill [2015] VSCA 325 WARNING: 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....

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 crime,...

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.

Estate El Chami; Habib v El Chami [2016] NSWSC 1208 Elias 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...

Comcare v PVYW [2013] HCA 41 Are 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.

Pilkvist & Coburn (Deceased) [2019] FamCA 635 There 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...

Pilkvist & Coburn (Deceased) [2019] FamCA 635 There 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...

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 companionship to her father. This resulted in Armando executing his final Will to leave...

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 conduct was being investigated, the Board imposed practicing conditions upon him which he did...

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 died without a Will and his 2/3rd share in the family farm passed to his 4 children. Ellen...

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 Michelle pleading guilty to soliciting a person to kidnap, detain and threaten to pervert...

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 works would dig up and destroy existing concrete paths, shed and retaining wall. The plaintiffs...

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 written Will with a solicitor, but Marian thought it would be too expensive. After Marian's...

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 opposing side (the Salvation Army) instead of going through their solicitor and also being...

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 of his self-drafted affidavits. And also the reason that Craig was seeking provision from his...

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 brother Adrian was to inherit all of their late mother's estate. But he died before he received his...

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 leave his estate equally to his two children and his two stepsons. But only five months after...

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 Vonne's carer. They also discovered that Angelika had began clearing out Vonne's home not long...

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 that would run for over a decade. Bar-Mordecai claimed that Eveline destroyed her Will and, as...

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 that would run for over a decade. Bar-Mordecai claimed that Eveline destroyed her Will and, as...

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 that would run for over a decade. Bar-Mordecai claimed that Eveline destroyed her Will and, as...