Just in Case Law Tanya Chapman

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 was living in the homestead and still working the farm at 93 years of age, when Eric's children decided they wanted to sell the farm and Ellen needed to go.

The grandchildren applied for a s66G order that would result in the forced sale of the property.

Ellen countered with her own family provision claim against her deceased son's estate.

In this difficult arrangement, could Ellen keep her home of 73 years?

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 the course of justice.

She was sentenced to 3 years and 3 months imprisonment with a non-parole period of 2 years. Michelle appealed her sentence.

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 applied to the Court for the easement. Were they successful?

Special appearance from Evie Chapman who found this case to be very boring.

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 death, there was an expensive Court hearing to determine whether the informal video Will would be recognised.



Estate of Peter Anthony Pitman [2018] WASC 237

After Peter Pitman's death, 4 video recordings were found on his computer. Peter started each recording with "This is a preamble to my last Will and testament" but each recording was not completed.

The question for the Court was did Peter intend any of these 4 short recordings to be his final Will. They also had the further challenge that the original recordings were no longer available and for those they had the audio and visual were out of sync.

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 discourteous in his communications.

Sideris argued that he couldn't have engaged in professional misconduct because he wasn't acting as a solicitor at the time he was assisting his mother-in-law in her negotiations with the Salvation Army.

What makes this case so interesting was the correspondence that had been sent by Sideris, all of which were in evidence.

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 late father's estate - he said he needed the funds to do renovation on 2 of his wife's 5 properties.