Growing Stronger Podcast: Recent Episodes
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In each episode, we will be discussing a legal case, or several cases, in the areas of contested estates, elder abuse and elder law, family law and health law.
This podcast is not going to be a series of dry legal lectures or long-winded seminars that you struggle to stay awake through.
We are going to be discussing some intriguing, interesting and troubling cases; giving the background facts, explaining the reasoning behind the outcome and demonstrating the real human side of the law.
There’s a lot of pressure for the holiday season to be perfect.
But for those going through separations, negotiating co-parenting or dealing with difficult conversations around the care of elderly relatives, Christmas can be far from perfect.
In this month’s episode of Law Matters with Cathering Henry Lawyers, join Practice Leader in Relationship Law, Rob Dilley and Senior Solicitor specialising in Family Law, Maryann Paterson for a conversation on the conversations we’d rather not have at Christmas and how best to handle them.
Disclaimer
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. You should see a solicitor for complete advice that relates directly to your situation.
For more information please visit:
Download the free e-book on Families and the Law
Find out more about Family Law here
If you have an issue involving family law you can contact the team at Catherine Henry Lawyers on 1800 874 949.
Have you seen those ads that make cosmetic surgery sound like a luxury holiday? Don’t be fooled.
In this episode of Law Matters with Catherine Henry Lawyers, Senior Associate Tahnee Woods speaks to Plastic Surgeon Dr. Kirstin Miteff about the dangers of underqualified doctors calling themselves cosmetic surgeons.
Find out exactly what you need to know before consenting to cosmetic surgery and what can be done if you’ve had cosmetic surgery go wrong.
Disclaimer
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. You should see a solicitor for complete advice that relates directly to your situation. If you are looking for a qualified plastic surgeon, please consult the AHPRA website.
For more information please visit:* AHPRA * Plastic Surgeon, Dr. Kirstin Miteff
Find out more from Catherine Henry Lawyers on:* Have you experienced substandard care from a Cosmetic Surgeon? * Your Body Your Health eBook * July 1 Medical Indemnity Law Reform to be tested to help victims of disgraced Dr. Blackstock * NSW Health Report: A Review of the Regulation of Cosmetic Procedures
If you have an issue involving cosmetic surgery you can contact the team at Catherine Henry Lawyers on 1800 874 949.
The health of women and the laws around women’s bodies have always been intrinsically linked.
In this episode of Law Matters with Catherine Henry Lawyers, Catherine speaks to the CEO of Women’s Health NSW, Denele Crozier.
Catherine and Denele have worked together on important legislation around abortion rights, including the controversial Zoe’s law.
Disclaimer
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. You should see a solicitor for complete advice that relates directly to your particular situation.
For more information please visit:
Catherine Henry Lawyers have recently published a new eBook on Women's Health. You can find it here.
Find out more from Catherine Henry Lawyers on:
Medical Negligence
Reproductive Health
Failed Medical Devices
Client stories - Reproductive Health
Client Stories - Failed Medical Devices
If you have an issue involving women’s health and women’s rights you can contact the team at Catherine Henry Lawyers on 1800 874 949.
This month's episode is in recognition of Dying to Know Day (8 August). Join Maryann Paterson - a solicitor in our Relationship Law team - as she answers common questions about Advance Care Directives and why they are important.
Within our team of relationship lawyers, Maryann has extensive experience in estate planning, estate litigation and financial elder abuse.
For more information on Advance Care Directives, please visit:
- Your GP
- Australian Government - Department of Health and Aged Care - https://www.health.gov.au/health-topics/palliative-care/planning-your-palliative-care/advance-care-directive
- NSW Health - https://www.health.nsw.gov.au/patients/acp/Pages/acd-form-info-book.aspx
- Advance Care Planning Explained - https://www.advancecareplanning.org.au/understand-advance-care-planning/advance-care-planning-explained
- Catherine Henry Lawyers - Why it's important that every adult have an Advance Care Directive How the dying can ensure their wishes are met - Advance Care Directives Why have an Advance Care Directive
To confidentially discuss your needs with our expert Wills & Estates team, please do not hesitate to contact us on 1800 874 949.
In recognition of Birth Trauma Awareness Week (17-24 July), join Catherine Henry Lawyers’ senior associate and former midwife, Linda Crawford, to talk through the causes of birth trauma plus the legal remedies and other support for women and their partners.
Within our team of specialist health lawyers, Linda specialises in obstetric and birth trauma claims and her 2 decades of experience as a nurse/midwife is extremely valuable when assessing maternal birth trauma claims.
For birth trauma support services, please visit:
- Your GP – for referrals to a counsellor or social worker, psychologist or psychiatrist etc.
- Australasian Birth Trauma Association (ABTA) - https://www.birthtrauma.org.au/
- Centre for Perinatal Psychology - https://www.centreforperinatalpsychology.com.au/
- Birth For Humankind (Birth support for women in need) - https://birthforhumankind.org/
- Waminda (South Coast Women's Health and Welfare Aboriginal Corporation) - https://waminda.org.au/
- Australian Women Pelvic Organ Prolapse and Incontinence Support Group - https://www.facebook.com/groups/456802424856305/
- Association For Pelvic Organ Prolapse Support (APOPS) - https://www.pelvicorganprolapsesupport.org/apops-forum
- Continence.org.au - free National Continence Helpline on 1800 33 00 66 or https://www.continence.org.au/incontinence/who-it-affects/women
Since the launch of the podcast in April 2021, Tanya has been the script-writer, editor and host of the Growing Stronger podcast.
Tanya will be leaving Catherine Henry Lawyers for her next career challenge, but the team at CHL will continue on so stay tuned.
A big thank you from Tanya for listening to the podcasts and providing feedback.
The case we’re looking at in this episode involves a mother who transferred her house to her son for no money, and then needed it back when she went into aged care.
We’ve covered similar scenarios before, but what makes this one different is that the mother was not only seeking to get her house back, she also wanted compensation. The transfer of the house caused the mother to lose her pension and increased her aged care fees and all up cost her about $130,000. She wanted her son to reimburse her for those losses as well.
Case citation: McFarlane v McFarlane [2021] VSC 197
Facebook: link to the Growing Stronger Podcast Group
NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
International Women's Day is 8 March and is a global day celebrating the social, economic, cultural and political achievements of women. The day also marks a call to action for accelerating gender equality.
This year's theme is Break the Bias. Whether deliberate or unconscious, bias makes it difficult for women to move ahead. Knowing that bias exists isn't enough. Action is needed to level the playing field.
To recognise this important day, we are releasing a special episode of the Growing Stronger podcast.
In the episode, Catherine Henry shares her thoughts on the top legal issues affecting women at present, including
- Women and work
- Women and family, and
- Women and health.
[Script written by Catherine Henry. Read by Tanya Chapman]
The podcast also recognises some of the important work other organisations are doing and how you might become involved, such as Celebrate Ageing and the Older Women Count campaign.
LINKS:
International Women's Day
Celebrate Ageing
Older Women Count
Safety Respect Equity
Women's Electoral Lobby
Catherine Henry Lawyers, FREE guide: Women and the Law
In episodes 25 and 26 we covered the case of Yesilhat v Calokerinos – the case of a man who claimed that for 14 years he had been having a secret relationship with pharmacist George Sclavos. The courts determined that the whole relationship was a fabrication, an elaborate lie intended to avoid having to repay the estate hundreds of thousands of dollars.
We have an update on the case and the legal proceedings which are still ongoing, as well as some additional information we neglected to include in our first episodes.
Links:
Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos (No. 5) [2021] NSWSC 1586
Middlebrook and Tax Practitioners Board [2020] AATA 3698
Facebook: link to the Growing Stronger Podcast Group
NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
11 February is International Day of Women and Girls in Science.
We wanted to do something special to give recognition to the amazing work women and girls have made in the field of science and to inspire women and girls to continue to strive and break barriers.
In this episode, Tanya and her co-workers from Catherine Henry Lawyers tell the stories of inspirational women and girls who have made a significant contribution to the field of science, including Marie Curie, Elizabeth Blackwell, Jane Goodall, Vera Rubin, Maria Merian, Alice Ball, Gerty Cori, and many more.
Facebook: link to the Growing Stronger Podcast Group
Link to website for International Day of Women and Girls in Science
Australian Academy of Science 'Women in STEM Decadal Plan'
Link to Catalyst.org website
Warning
This episode involves mention of physical and emotional abuse and may be disturbing to listeners. Listener discretion is advised.
In this episode, Tanya discusses a case involving a daughter who tormented and harassed her parents and siblings for decades. The daughter was able to gain control of her father and his finances, received substantial financial payments from him and was the cause of his separation from his wife.
The judge said, “penetrating the complexity of the tensions within the Grant household is difficult,” but in this episode, we’re going to give it a go!
Case citation: Grant v Grant (No2) [2020] NSWSC 1288; Grant v Grant [2020] NSWCA 328
Facebook: link to the Growing Stronger Podcast Group
NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Special voice actors: Rob Dilley, Sky Berzins and Beau Chapman
Relationships come in all forms nowadays. We are no longer restricted to the old nuclear family dynamic. One form that is becoming increasingly common is the blended family where you have spouses who have no children together but have children from previous relationships.
These later-life de facto relationships come with different concerns. For example, both parties will usually be older and will have accrued their own savings, superannuation, assets, and property by the time their current relationship started. They may agree that they will continue to be financially independent and that throughout their relationship they won't intermingle their funds, they will each pay their own way and on their death, their estate will go to their children or their family. This is a sensible and reasonable decision to make. But after death, can the surviving de facto make a claim on the estate?
That's what happened in this case that was decided in September 2021. Listen to the episode to find out whether the application was successful.
Citation: Wertheim v Perpetual Trustee Company Limited [2021] NSWSC 1229
Facebook: link to the Growing Stronger Podcast Group
NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Growing Stronger episode #25 & 26: The Secret Lover Part 1 and Part 2
This complex case spanned many court hearings and many years, accruing an astonishing amount in legal fees.
As the heart of it was George Sclavos, a pharmacist who owned a pharmacy in Leppington and who was 65 when he died in August 2013.
And we have Okan Yesilhat. A former police officer, now co-owner of a tyre business. He was 30 years younger than George and after George’s death, claimed that for 14 years they had been having a secret romantic and sexual relationship.
This secret relationship was at the basis of Okan’s legal claims:
- his claim for family provision from George’s extensive estate, worth $6m at his death,
- his claim that extensive funds he had received from George were gifts and not loans,
- his claim that the George’s informal will had been fabricated.
Did George and Okan have a secret 14-year relationship? Or was the whole thing a fantasy, an elaborate story and elaborate deception intended to fleece the estate?
In part 1 – We outline the evidence, the versions and arguments of each side and the evidence of the witnesses.
In part 2 – We discuss the findings of the Court, the orders made and what we can learn from this case.
Citation: Yesilhat v Calokerinos [2015] NSWSC 1028; Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat [2017] NSWSC 666 (9 June 2017); Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat (No 2) [2019] NSWSC 584 (22 May 2019); Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat (No 3) [2019] NSWSC 1752 (13 December 2019); Yesilhat v Calokerinos [2021] NSWCA 110 (28 May 2021)
Facebook: link to the Growing Stronger Podcast Group
NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Growing Stronger episode #25 & 26: The Secret Lover Part 1 and Part 2
This complex case spanned many court hearings and many years, accruing an astonishing amount in legal fees.
As the heart of it was George Sclavos, a pharmacist who owned a pharmacy in Leppington and who was 65 when he died in August 2013.
And we have Okan Yesilhat. A former police officer, now co-owner of a tyre business. He was 30 years younger than George and after George’s death, claimed that for 14 years they had been having a secret romantic and sexual relationship.
This secret relationship was at the basis of Okan’s legal claims:
- his claim for family provision from George’s extensive estate, worth $6m at his death,
- his claim that extensive funds he had received from George were gifts and not loans,
- his claim that the George’s informal will had been fabricated.
Did George and Okan have a secret 14-year relationship? Or was the whole thing a fantasy, an elaborate story and elaborate deception intended to fleece the estate?
In part 1 – We outline the evidence, the versions and arguments of each side and the evidence of the witnesses.
In part 2 – We discuss the findings of the Court, the orders made and what we can learn from this case.
Citation: Yesilhat v Calokerinos [2015] NSWSC 1028; Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat [2017] NSWSC 666 (9 June 2017); Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat (No 2) [2019] NSWSC 584 (22 May 2019); Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat (No 3) [2019] NSWSC 1752 (13 December 2019); Yesilhat v Calokerinos [2021] NSWCA 110 (28 May 2021)
Facebook: link to the Growing Stronger Podcast Group
NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
In this case decision you won’t see the words financial elder abuse, but that’s what it is. Instead, you’ll see the legal terms unconscionable conduct and undue influence.
You might not know the terms, but you may recognize the conduct. We have a dying mother who, shortly before her death, gave her daughter $2.2m. The daughter was her mother’s principal carer, her mother depended on her and trusted her, and it was the daughter who arranged the transfer of money.
These circumstances were enough to raise suspicions that maybe the daughter had influenced her mother to make the gift. Listen to the episode to hear more about the circumstances surrounding this gift and to find out whether it was upheld.
Case citation: Olsen v Mentink [2019] NSWSC 1299
Facebook: link to the Growing Stronger Podcast Group
NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Teresa Somes, Associate Lecturer at Macquarie Law School, joins us to discuss a granny flat gone wrong case. Ricky moved into a house with her daughter Dianne, son-in-law Mario and their 3 children. After 3 years of living together, they were no longer speaking to each other.
Ricky needed to get out of the house, but could she get back the money she contributed to buying the house?
Citation: Flourentzou v Spink [2019] NSWCA 315; Spink v Flourentzou [2019] NSWSC 256
Facebook: link to the Growing Stronger Podcast Group
NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
There are a lot of things that can go wrong with a home-made Will, from giving away assets that aren’t technically yours, leaving assets out or forgetting to provide for assets you might acquire later, failing to appoint a back-up executor, or having the will witnessed by the wrong person.
The 2 cases we look at in this episode are just cases of bad drafting.
In the first case, one paragraph in particular caused a lot of confusion and arguments partly because of lack of punctuation.
In the second case, a poorly drafted entry into a proforma will left the parties arguing over what the deceased had intended.
Citations: Jones v Robinson & Ors [2019] NSWSC 932; Marlow v Croft [2020] NSWSC 251
Facebook: link to the Growing Stronger Podcast Group https://www.facebook.com/groups/114844900573124
NOTES:
The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide.
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Growing Stronger episode #21: CHL Halloween Special
The staff of CHL (Catherine Henry Lawyers) join in for this super Halloween special episode. In this episode, we share short stories about law cases against ghosts, flammable costumes, haunted house mishaps and more frightening, funny legal cases.
This episode is all about the fun side of the law – no serious stuff here.
Facebook: link to the Growing Stronger Podcast Group https://www.facebook.com/groups/114844900573124
This year, 31 October is NSW Grandparents Day and, in recognition, we’re looking at a family law case that demonstrates some of the legal rights grandparents have when the parents are separating or when there are issues with who the children should live with. In this case, the maternal grandmother and aunt applied to the court for the 3 children to live with them.
Family Lawyer Rob Dilley joins me to share his expert knowledge in the complex world of family law.
WARNING: There is mention of suicidal ideation, alcohol and substance abuse, family violence and child abuse and neglect, you may prefer to skip this episode.
Case citation: Harty v Chilton [2021] FamCA 34
Facebook: link to the Growing Stronger Podcast Group https://www.facebook.com/groups/114844900573124
NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
When your capacity is declining and you need to move into residential care, that’s when you need to have your affairs in place and ideally have a Power of Attorney already appointed to look after your finances.
But what happens when the person you trusted, the one that you have appointed as attorney sees that they now have access to your money and property, and they decide to help themselves? How can this be fixed?
That’s the type of case we’re looking at today.
I’m going to give you 2 case examples to show you what it can look like and how the Courts deal with it. Then I’m going to give you some tips on what to do if you think your attorney or someone else’s attorney is misusing their powers.
CITATIONS: Mary Alice Hughes by her Tutor NSW Trustee & Guardian v Hughes [2011] NSWSC 702 and Cohen v Cohen [2016] NSWSC 336.
Facebook: link to the Growing Stronger Podcast Group https://www.facebook.com/groups/114844900573124
NOTES:
The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide.
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
October 1st is International Day of Older Persons. A day for raising awareness about issues affecting older persons, such as challenges of an ageing population and elder abuse. It is also a day to appreciate the contributions that older people make to society and promote the development of a society for all ages.
In recognition, this episode will look at a form of elder abuse that is associated with inheritance impatience or feelings of entitlement to the assets of an older person.
What happens if a Will has been made under pressure, harassment, or manipulation? Does it still stand? What can you do to overturn it?
In this case, we look at the last Will of Vasilka Janakievska and the ongoing attempts from her late husband’s brother to guilt, pressure and threaten her to leave him property in her will.
This case demonstrates how you might challenge the validity of a Will, but is also a lesson for what you can do to prevent a challenge to your Will.
CITATION: Petrovski v Nasev; The estate of Janakievska [2011] NSWSC 1275
Facebook: link to the Growing Stronger Podcast Group
NOTES:
The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide.
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
For this special mini-episode we are looking at a quirky case that involved a person charged with criminal offences who claims that he can’t be charged because he consists of two separate legal entities. There was his flesh and blood corporeal self and then there was the “straw man” without legal personality. And because he lacked legal personality, he couldn’t be charged with a crime.
That was the claim made to the District Court of Queensland. Did it work?
CITATION: R v Sweet [2021] QDC 216
NOTES:
The case discussed in the episode is a Queensland case, so what we’re discussing will be based on the law in Queensland and is not intended to be taken to be applied Australia-wide.
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Edward Leslie Cameron was the illegitimate son of prominent businessman John Hemmes. Even after a DNA test proved that Edward was John’s biological son, John continued to deny it and wanted nothing to do with him. Given that John never acknowledged Edward as his son, it probably surprised no one that John didn’t leave him anything in his Will. And that’s exactly what happened. With no provision made for him in his father’s will, Edward made a family provision application. This episode looks at whether that application was successful.
Case citation: Estate Hemmes; Cameron v Mead [2018] NSWSC 85
Facebook: link to the Growing Stronger Podcast Group
NOTES:
The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide.
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Dr Garrett’s young drinking buddy Jason moved in with him and became his live-in carer. For many years they lived together as the Doctor’s capacity diminished and his care needs increased. But Jason wasn’t the best carer. And although he received approximately $800,000 in financial benefits from the doctor, after the doctor’s death Jason made a claim on his estate.
Was he entitled to the Doctor’s home worth about $2m?
Case citation: Gill v Garrett [2020] NSWSC 795; Gill v Garrett (No 2) [2020] NSWSC 1473
Facebook: link to the Growing Stronger Podcast Group https://www.facebook.com/groups/114844900573124
NOTES:
The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide.
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
In this episode Tanya is joined by Michael Miller, financial adviser from Wealth Market.
In a lot of ways, social security can be difficult to understand. To try to make some sense of it, we’re going to look at a couple of cases where people were denied social security, appealed the decision and were successful.
The first case involves a finding by Centrelink that two people were in a de facto relationship, which they denied. In our second case, in calculating how much aged care fees a woman would be required to pay, the counted all her assets but didn’t take into account some family loan.
Problems like these can happen to anyone, so all the more reason to talk about them and know what you can do if it happens to you.
Facebook: link to the Growing Stronger Podcast Group
NOTES:
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
WARNING: This episode discusses cases of suicide that might be triggering. Listener discretion is advised.
Today we’re going to look at a couple of cases of informal wills – that is wills that don’t quite meet the legal requirements to be a valid will, in particular the requirements that the Will be in writing and signed by the testator in the presence of two witnesses.
In particular, we’re looking at wills that have not been written – wills that are video recordings and voice recordings.
We’re going to look at whether these can be enforced and demonstrate how not doing a written Will can cause your estate significant delay and additional expense.
Case citations: Re Marion Moyne Demowbray (unreported Burns J No 2443 of 2018); Re Estate of Carrigan [2018] QSC 206; Re Estate of Wai Fun Chan [2015] NSWSC 1107; Estate of Peter Anthony Pitman [2018] WASC 237
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NOTES:
We’re looking at a couple of cases from various jurisdictions today – in the different jurisdictions, different legislation applies.
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Mother and daughter decide that they’re going to live together and they’ll each contribute 50% to the acquisition of the property. Mother pays for it all up front. Seven years later and the daughter moves out; she still owns 50% despite only ever having paid about 5%.
What can the mother do to get her fair share?
Case citation: Hughes v Sangster [2019] ACTSC 178
Link to Growing Stronger Podcast Group on Facebook
NOTES:
The case discussed in the episode is an ACT case, so what we’re discussing will be based on the law in the ACT and is not intended to be taken to be applied Australia-wide.
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
1 in 3 women who give birth will experience birth trauma, and yet so few people know about it. Birth trauma refers to injuries sustained in childbirth, either to the mother or the child.
It is the unspoken reality for many women and that’s why it is important that we raise awareness of what birth trauma is and normalise having discussions about it.
This year 19 to 25 July is Birth Trauma Awareness Week. To do our part to raise awareness, we are releasing a special episode of the podcast.
In this episode I am joined by my colleague and senior solicitor Linda Crawford to discuss a few of the birth trauma cases that the health law team at Catherine Henry Lawyers have been involved in.
These cases will demonstrate how traumatic injuries sustained in childbirth can be and how it can have lifelong consequences for the child, the mother, and the father.
Facebook: link to the Growing Stronger Podcast Group
Australasian Birth Trauma Association (ABTA)
NOTES:
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Warning
This topic may be considered disturbing – there will be brief discussion of medical procedures and adverse medical outcomes. Listener discretion is advised.
In this episode Tanya is joined by health law specialists Tom Lyons and Lucie Dei Rocini to discuss the disturbing medical surgeries that resulted in Dr Blackstock being removed from the register of medical practitioners and banned from practicing medicine for 7 years.
For many years Dr Blackstock performed breast augmentation operations with inadequate planning, substandard techniques, antiquated methods and in some cases in a way that was sure to result in negative outcomes for his patients.
Although not an elder law case, I wanted to cover this case because there may be other patients who don’t realise that they aren’t to blame for their botched surgeries or that they can seek damages for the harm done to them.
This is a case where being better informed can help people protect themselves and stand up for themselves.
Case citation: Health Care Complaints Commission v Blackstock [2020] NSWCATAD 110
Link to the Growing Stronger Podcast group on Facebook
Notes
- The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide.
- While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
In recognition of World Elder Abuse Awareness Day (15 July) we are looking at a form of elder abuse that has been going on for decades but isn’t as recognised: It is the act of identifying an older person who is alone, vulnerable, and not expected to live long; insinuating yourself into that person’s life with an intention of getting a financial benefit either while the older person is alive or on their death.
The person in this case took it a step further when she forged the older person’s Will. She almost got away with it too, but several years after the death police began investigating the suspect Will and criminal charges were laid.
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Case citation: Adams v R [2019] NSWCCA 295
Link to the episode notes
Notes: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
In our previous episode we looked at the case of a forged Will and in researching that case we heard about another suspicious Will made around the same time.
After the death of Herbert Luscombe, a lady claiming to have been his partner come forward with a document that she claimed was his last Will. No one in Herbert’s life had ever heard of this woman and there was quite a few questions raised around the execution of this “Will”.
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Case citation: Alan John Hyland as executor of the estate of the late John Walter Popham Luscombe v Laura Healy [2013] NSWSC 1513
Link to episode notes
Notes: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Tanya is joined by Wills & Estates lawyer Monique Smiles to discuss a case in which an elderly woman changed her Will to make no provision for her family and leave everything to a couple she had only known a short while. There were concerns about financial elder abuse and neglect, but was there enough evidence to make a case?
Tanya also discusses the case of Drivas v Jakopovic in which the expert medical evidence said that the testator did not have capacity but the solicitor who prepared the Will felt that she did. Which one was right?
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Case citation: Drivas v Jakopovic [2019] NSWCA 2018
Link to episode notes
Notes:
The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide.
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Guest: Ashlea Taylor, Family Law Solicitor
We look at the family law case of Fairbairn v Radecki [2020] in which a couple have been living in the woman’s house as de facto partners. The women has dementia and declines rapidly; she moves into a nursing home and her house needs to be sold to pay her accommodation fees. The only problem is that her de facto partner refuses to leave the house.
The woman’s appointed guardian claims that the couple has separated and starts court proceedings to get the partner out of the house. But how do we know if they really separated???
Because this is a family law case, we need a family law expert. We are joined by family lawyer Ashlea Taylor (link to profile) to help us understand the outcome of this case and to provide some additional tips for de facto partners.
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Case citation: Radecki & Fairbairn [2020] FamCAFC 307; Fairbairn & Radecki [2020] FCCA 1556'
Link to case notes
Notes:
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Case citation: Taunton v Taunton [2019] NSWSC 1513
The case we cover in this episode demonstrates how hard it can be for a parent to evict an adult child, even from the parent’s own home.
An adult son moved back home to live with his parents and provide them with care and assistance. When the father moved into residential aged care and the house had to be sold to pay for his accommodation fees, the son refused to leave. What did the father need to do?
Link to episode notes.
NOTE:
The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide.
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
Warning
This topic may disturbing to some listeners. Listener discretion is advised.
An Advance Care Directive is a document which records your wishes and instructions for medical treatment you would want to receive, if you have lost the capacity to give instructions, including instructions to cease life-sustaining treatments.
In this episode, Tanya explains what Advance Care Directives are and why you might want to have one. She also discussed three cases that demonstrate how the documents can be enforced legally.
Case citation: Hunter and New England Area Health Service v A [2009] NSWSC 761; Re JS [2014] NSWSC 302; X v The Sydney Children’s Hospitals Network [2013] NSWCA 320
You can find more useful information on Advance Care Directives on the Advance Care Planning Australia website.
Link to episode notes: https://catherinehenrylawyers.com.au/4-elder-law/podcast/growing-stronger-podcast-ep-4-pulling-the-plug-on-advance-care-directives/
In the latest episode of our podcast Growing Stronger Tanya is joined by elder law specialist Richard McCullagh.
Tanya and Richard discuss a case in which a son was caring for his mother at a time when approx. $1.8million was transfer from her account to him. The son also sold mum’s house and kept the proceeds. After the mother’s death, was the daughter able to get any of it back?
Case citation: Torok v Becker [2020] NSWSC 1570
Click here to access episode notes
Note
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
In the latest episode of our podcast Growing Stronger Tanya asks the question ‘What is granny-napping?’
To answer the question, Tanya discusses a case that involved a son using subterfuge to take his mother out of a hospital in NSW across State lines into the ACT. He did this to thwart the authority of the Public Guardian appointed to look after his mother and in total disregard to her medical and care needs. But was he successful?
Case citation: KNQ [2019] NSWCATGD 19
Warning: This topic may be considered to be disturbing. Listener discretion is advised.
Click here to access the episode notes
Note
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.
WARNING: This topic may be considered to be disturbing. Listener discretion is advised.
Welcome to the first episode of our podcast channel – Growing Stronger. This podcast is brought to you by the law firm Catherine Henry Lawyers.
Catherine Henry, principal of Catherine Henry Lawyers joins us for the first episode of Growing Stronger to discuss her pursuit to achieve social justice through health litigation. We discuss some of the medical negligence cases she has worked on.
We also discuss the problems with health services in regional NSW and two cases where inadequate medical care resulted in death.
Link to episode notes
During the episode, Catherine mentioned that there is a support group in America for people who have been impacted by the side effects of the antibiotic Gentamicin. We have provided the link to the group below.
Gentamicin victim support group – Wobblers Anonymous
Note
While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation