CASE: R v Morant [2018] QSC 251 (Davis J); Morant v Terry Ryan (The State Coroner) [2022] QDC 134 (District Court Judge Loury QC)

WARNING: This episode involves suicide and criminal charges related to counselling and aiding suicide. Obviously, this can be a difficult topic and if people would prefer to skip this episode, that is fine with me. Your mental wellbeing is much more important, take care of yourselves.

On 30 November 2014 at 9.50pm police found Jennifer Morant dead in her car, parked in a street about 10 km from her home. The doors and the windows of the car were closed. The engine was not running. Jennifer was sitting in the drivers seat, deceased. A postage note was found next to the gear lever that said "Do not resuscitate me".

The back seat of the car was folded down. There was a Ryobi brand petrol generator in the boot of the car. It was not running and it was cold to the touch. The generator switch was in the "on" position.

An autopsy confirmed that Jennifer had died from acute carbon monoxide poisoning. 

Later, her husband Graham Morant was charged with one count of counselling suicide and one count of aiding suicide.

CASE: Re Cassar [2022] VSC 126

Frank Cassar died on 14 October 2011. His last Will appointed his oldest son as his sole executor and beneficiary and made no mention of his partner of more than 30 years Sandra or their other 3 children. 

In 2019, 8 years after Frank's death, Sandra admitted to the Supreme Court of Victoria that she had forged Frank's Will and brought into dispute a $15 million estate.

This podcast is not legal advice. 

CASE: Kaimal & Kaimal (No 2) [2020] FamCA 1119; Kaimal & Kaimal [2020] FamCA 971 (20 Nov 2020)

A binding financial agreement allows a couple to agree in advance on how their assets will be divided should they separate.

However, to be binding, it must comply with several requirements, including the requirement that each party receive adequate independent legal advice.

In this case, the parties had a financial agreement and later separated. The wife argued that she didn't receive adequate legal advice and therefore the agreement was not binding. Was she successful? 

SPECIAL GUEST APPEARANCE from my mother Jenny (playing the role of witness Mr B and my niece Evie playing the role of Chief Justice Alstergren with striking similarity). 

This podcast is not legal advice.

This case is based on the law in NSW only.

CASE: EB v GB (No 2) [2022] NSWSC 1011

Does the guardian of an incapacitated adult have the authority to prevent other people having contact? 

That was the question asked of the NSW Supreme Court in this case and it recognised that the answer to that question is different in the different States and Territories of Australia. 

The primary issue in this case was whether the Court had jurisdiction to require a mother, against her wishes, to authorise a daughter to have personal access to her father.

The father has advanced Alzheimer’s disease and is almost entirely unable to communicate or perceive his circumstances.

Given to the sensitive nature of the issues, the parties are referred to as the father, the mother, the daughter and the two brothers.

This podcast is not legal advice. 

CASE: Carpenter & Woodward [2021] FedCFamC2F 600

What if you just decide not to participate in family law legal proceedings? What happens if you just don’t turn up to your court date or submit any evidence? 

Can the court make a judgement without you there? Can they make a judgement against you? 

That is what happened in this family law matter in which the mother applied to the court for parenting and property Orders and the father did not file any material or participate in the matter in any way. 

As a further unusual element of this case, the father had no assets himself but was in line to receive an inheritance. Could his ex-spouse get a share of the inheritance? 

This podcast is not legal advice.

WARNING: Includes mentions of domestic violence and drug use. 

CASE: Wang v Jiang [2022] VSC 371

TOPIC: When you die, who owns your corpse? Is it you? Your spouse? Your executor? Or the State?

And what happens if there is a dispute over what is to happen with your remains? Who decides whether you are buried or cremated? Who can keep your ashes? 

That is the topic covered in this case. 

This podcast is not legal advice.

This case is based on the law in Victoria only.

Application of Baldwin [2021] NSWSC 1438

Before she died, Denise Melane hired Julian Field and his company Lokdown Pty Limited to create and maintain a website directory for her, for which she paid over $400,000. 

After Denise's death, her executors applied to the Supreme Court of NSW to ask whether they could sue Julian Field and his company. 

Keep an ear out for the loud rumble of thunder which I couldn't edit out and which was actually the sound of two tiny French  Bulldogs running about above my head upstairs. 

THIS PODCAST IS NOT LEGAL ADVICE.

Eufrosin & Eufrosin [2014] FamCAFC 191;  Eufrosin & Eufrosin [2013] FamCA 311

As sometimes happens, the marriage in this case came to an end and the husband and wife went their separate ways. The only thing binding them still was the ongoing legal proceedings to determine how their assets would be divided. 

While they were still fighting over who got the house and the car, the wife went into a newsagent and bought herself a lottery ticket. Fortunately, or unfortunately, depending on how you look at it, she won! 

But did the winnings belong to the wife? The husband argued that the ticket was purchased with matrimonial assets and that he was entitled to a share. 

What do you think the Court decided?   

THIS PODCAST IS NOT LEGAL ADVICE.

Manning v Matsen [2015] NSWSC 1801; Manning v Matsen (No 2) [2016] NSWSC 

This case involves an adult daughter making claim for greater provision from the estate of her deceased mother and the fun mind-scramble that is notional estate. 

This podcast is not legal advice. 

This case is based on the law in NSW only.

CASE: Ip v Chiang [2021] NSWSC 822

This case involves a sham marriage, separation, property settlement and then a second sham marriage. 

All perpetrated against a man who did not mental capacity to consent to any of it and with the intention of taking his house.

The Supreme Court of NSW needed to determine whether Lo Sing Ip had capacity to marry, transfer his property, divorce, sign a settlement agreement, sign a Power of Attorney, and marry a second time. 

This podcast is not legal advice. 

This case is based on the law in NSW only.