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Bondelmonte v Bondelmonte [2017] HCA 8

Posted on 03 Mar 2017

Bondelmonte v Bondelmonte [2017] 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.

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Jodell v Woods [2017] NSWSC 143

Posted on 03 Mar 2017

Supreme Court of New

South Wales

Hallen J

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.

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Spata v Tumino; Estate of Gina Spata [2017] NSWSC 111

Posted on 03 Mar 2017

Spata v Tumino; Estate of Gina Spata [2017] NSWSC 111

Supreme Court of New South Wales

Brereton J

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 -
proceedings dismissed.

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‘Fighting Gunditjmara’ spirit prevails in Stolen court case

Posted on 31 Jan 2017

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.”

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Stolen Generation court battle: sisters win $200k after Linda Burney appeals

Posted on 30 Jan 2017

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”.

Front page of The Australian, our old client J. Bott finally got the ending she had hoped and fought for in regards to her brother Howard Stanley Wilson's Estate.
Front page of The Australian, our old client J. Bott finally got the ending she had hoped and fought for in regards to her brother Howard Stanley Wilson’s Estate.

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How a head injury turned teenager Zac Tiessen into a musical genius

Posted on 24 Nov 2016

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.

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PTSD sufferer speaks out about damage of intrusive surveillance

Posted on 23 Nov 2016

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.

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Businessman, 53, worth $4.3 million forced his live-in girlfriend to sign a prenup THREE days after

Posted on 22 Sep 2016

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.

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