Just in Case Law

CASE: Jenny Yang v FCS Business Services Pty Ltd [2020] FWC 4560

Can 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 resignation letter that was put in front of her, and left.

Shortly after, she filed an unfair dismissal claim.

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 never been a de facto relationship.

CASE: Vaughan v Hoskovich [2010] NSWSC 706

Steven Hoskovich died on 17 November 2007. He was not married, had no children and did not leave a Will.

Janet Vaughan claimed that she was Steven’s de facto spouse and was therefore entitled to the estate on intestacy.

Pauline Hoskovich was Steven’s mother. She claimed that there was no de facto relationship and if there was not, she would be entitled to the whole estate on intestacy.

Throughout their 14-year relationship, Steven and Janet maintained separate houses. Steven had even stated that he was not living with Janet because he did not want her to have the legal rights that a de facto partner would have.

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.

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, Maxwell was acquitted of all counts.

The stepdaughters made an application for provision from Maxwell's estate. The sexual abuse allegations were a relevant factor in determining their claim.

CASE: Irvine v Irvine [2008] NSWSC 592

In 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 you know, on second thought, Max decided why wait? He took Rosa to his solicitor to sign over her house to him and his two sons immediately.

Not long after the transfer was registered, Rosa realised what she had done and started legal proceedings to get her house back.

CASE: Dowling v Irvine [2005] NSWSC 531

When 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 because Maxwell was refusing to leave the farm.

CASE: Irvine v Dowling [2021] NSWSC 119

Almost 30 years after Verdun's death and his children were still in dispute over the farm. Each of them wanted to keep the farm and buy it from their siblings.

They finally executed a written agreement in 2016 that the child who made the highest bid in writing could buy the farm. That was Elizabeth.

However, Maxwell argued that they had verbally agreed to change the written agreement and that Elizabeth had abandoned her bid.

In considering the sad and contentious circumstances of this decade long family feud, Justice Kunc formed the impression that Maxwell Irvine's approach was to reflexively oppose whatever Elizabeth proposed just to delay any sale.

Maxwell had continued to occupy and have full use of the farm since their father's death in 1992.

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:

It as a sad and acrimonious end to a lengthy relationship and serves as an example of the careful balancing act required of the Family Law Courts.

CASE: McFarlane v McFarlane [2021] VSC 197

In 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 only that, but they also wanted compensation for the lost pension.

CASE: Estate El Chami; Habib v El Chami [2016] NSWSC 1208

For 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 leave anything to his brother Salim, who he referred to as a 'scorpion'.

The question for the Court was whether Elias had capacity when he made his Will.

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,

At the time, Janet was in the care of her daughter Jassy Anglin and her son-in-law Michael Anglin. It was the Anglins who had decided that Janet would spend the night in the shipping container and were later charged with her death.