HCA 8
High Court ofAustralia
Kiefel, Bell, Keane, Nettle & Gordon JJ
Family law - appellant and first respondent were father and mother of three
children - appeal concerned orders made for two eldest children’s return to
Australia from New York where they had remained in breach of parenting order
made by Family Court of Australia after holiday with father ended - appeal also
concerned interim orders made for children’s living arrangements on return -
father contended primary judge wrong to discount children’s views about
remaining in New York, and was required to put in train a process by which
children’s views concerning living arrangements could be ascertained - it was
also contended parenting orders ‘could not be made in favour of strangers to
the proceedings’ - ‘judicial discretion’ - ‘best interests of the child’ - ‘any
other person’ - ss60CA, 60CC, 60CD, 60CE, 64C, 65C, 65D, 68L & 68LA Family
Law Act 1975 (Cth) - held: appeal dismissed.
Supreme Court of New
Succession - family provision - plaintiff was adult daughter of deceased who
sought provision from deceased’s estate and notional estate pursuant to Succession
Act 2006 (NSW) - plaintiff’s relationship with deceased - estrangement -
plaintiff’s financial and material circumstances - size of estate - whether
competing financial claim - held: provision for plaintiff in deceased’s Will
was inadequate for her proper maintenance and advancement in life - Court
satisfied that it should make order for lump sum in plaintiff’s favour.
 NSWSC 111
Supreme Court of New South Wales
Succession - family provision - deceased left whole estate to nephew and niece
- deceased predeceased by husband - deceased had no children - plaintiff was one
of husband’s three children of previous marriage - plaintiff sought provision
from deceased’s estate - ss57(1)(e) & 59(1)(b) Succession Act 2006
(NSW) - held: Court not satisfied plaintiff was an eligible person -
All her life, Jill Bott knew she had an older Aboriginal half-brother.
“He was somewhere in the world but we didn’t know where,” Ms Bott said. “My mother was a Gunditjmara woman from western Victoria. She was 17 when she fell pregnant, and she had a pillow birth (meaning, her face was covered) and she never saw her son.
“She was told she had to give him up. But we used to celebrate his birthday every year. I watched my mother grieve her whole life.”
Indigenous MP Linda Burney pleaded with a NSW Supreme Court judge to find in favour of three of her Aboriginal friends who were seeking access to the $200,000 estate of their half brother, who was a member of the Stolen Generation.
In a letter addressed to the court, Ms Burney sought to ensure that the three women would inherit their half-brother’s estate, ahead of any members of the white family that adopted him.
The court noted that Ms Burney had been a member of the NSW parliament that amended succession law, which in turn enabled the three Aboriginal women to make a claim on the estate.
In a passionate letter addressed to the court, Ms Burney, who is the first Aboriginal woman elected to Australia’s House of Representatives, argued that “a forced adoption” had torn the family apart more than 50 years ago, but their love for each other endured.
NSW Supreme Court judge Geoff Lindsay described the case as “the first of its kind”.
Back in April, he says, after visiting his sick wife in hospital, he popped into the Coles at Tarneit in the western suburbs, near his home. The 63-year-old pensioner stood on the banana on the floor, fell, and got his finger jammed in some shelving.
“Various Coles staff and eye-witnesses approached me while I was in pain… and helped.” He was, he says, in “extreme pain”. A nurse from a nearby medical centre was summoned and she got him into see an emergency GP. His finger was fractured.
Now Mr Dhody wants to take Coles to court and to the cleaners for his misfortune. Having started corresponding with the supermarket chain’s parent company, Wesfarmers, some months ago, he now wants $50,000 from them - “non-negotiable for the stress, pain, suffering and run-around.”
Wesfarmers have done an internal investigation at the Tarneit store and while refusing to admit liability have offered, in writing, to pay Mr Dhody “any reasonable out of pocket expenses incurred as a direct result of this incident.” A company spokeswoman said it was waiting for him to respond to the offer.
Zac Tiessen had just turned 13 when a playground accident altered his personality, tastes and intelligence, and led his family and medical professionals to question whether a head injury could turn an average suburban kid into a genius.
In episode five of the podcast Decoding Genius, host Lily Serna speaks to a Canadian family who has not one but two artistic prodigies, with one son acquiring his genius in a very remarkable way.
Both Josh and Zac Tiessen have been recognised for their skills; Josh renowned for his paintings and Zac changing the face of music.
Cindy Modderman has just embarked on the trip of a lifetime. She has battled post-traumatic stress disorder (PTSD) for years, some days finding it is impossible to leave the house, and her first trip to America with her daughter is an exciting event for the former police officer and paramedic – one her psychologist believes will help her recovery. But, due to an ongoing battle with insurer QBE to have her PTSD recognised as a workplace injury, Mrs Modderman’s lawyer advised her not share photographs of her holiday with friends and family on social media, in case investigators acting for the insurance agency trawl through her accounts and use the images against her.
It is sensible legal advice, that Mrs Modderman has made a conscious decision to ignore in a bid to smash the stigma associated with PTSD.
The NSW government has revealed its plans to eliminate the “super profits” enjoyed by the four insurance giants licensed to sell green slips in the state. At present, NRMA, QBE, Allianz, (Allianz and CIC-Allianz) and Suncorp (AAMI and GIO) are pocketing 19¢ in each green slip dollar as profit – more than double what they predict when setting their prices. Minister for Better Regulation and Innovation Victor Dominello, in the midst of reforming the Compulsory Third Party insurance scheme, released a discussion paper on Friday saying he wants a fairer and more affordable system. “Our reforms will provide government with greater powers to regulate these profits so that more money goes to injured road users,” he said.
“The changes will also see a significant reduction in premiums for motorists.” A super profit is the difference between what the insurers estimate their profits will be while setting prices, and their actual profits.
Bigger profits are leading to motorists paying higher green slip premiums. In every green slip dollar, only 45¢ goes to the injured road user; 19¢ is taken as the insurer’s profit, 15¢ covers the insurer’s expenses; and 18¢ goes towards legal and investigative expenses.
Court Legal first took this matter on in October 2013 after meeting with this lovely lady who had been forced to sign an agreement against her wishes in the worst situation possible for a young woman with a newborn baby.