Gene Hackman’s decision to leave his children out of his Will
Gene Hackman, the legendary Hollywood actor, was known for his remarkable film career with an impressive array of roles in films like The French Connection, Unforgiven, and The Royal Tenenbaums. Hackman amassed not only fame but also a significant fortune over his...
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Case update: Steen v Trustees of the Diocese of Tasmania [2023] TASSC 3
The recent decision in Steen v Trustees of the Diocese of Tasmania [2023] TASSC 3 demonstrates the continuing trend of courts to award survivors of historical sexual abuse significant damages. In the 1980s Steen, when aged between 9 and 16 was abused by Reverend...
The dichotomy of vicariously acting for God in cases of intentional wrongs
The Victorian Supreme Court of Appeal on 3 April 2023 ruled that a Diocese was liable for the criminal acts of an assistant priest as an ‘apparatus of God’ - leaving little scope to separate the intentional wrongs of a member of clergy from the religious institution....
Lismore Trust v GLJ: Permanent Stay Granted Where Perpetrator is Dead
Photo by Nico Smit on Unsplash The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 (‘Lismore Trust v GLJ’) On 1 June 2022 the New South Wales Court of Appeal permanently stayed an historical child abuse proceeding. Facts The...
Expert Witness 101
INTRODUCTION The decision of DP (a pseudonym) v Bird [2021] VSC 850 offers valuable guidance for the selection and briefing of expert witnesses, as well as how the Court expects expert witnesses to conduct themselves in the course of forming their opinions. The matter...
Mediation – What You Need To Know
Mediation is one of a number of alternative dispute resolution (ADR) processes which aim to encourage parties to resolve legal disputes before proceeding to trial. Though generally a voluntary procedure, the importance of attempting to resolve matters before trial is...
Sorry Need Not Be The Hardest Word To Say
Sorry is a powerful word. For people receiving an apology it can validate and acknowledge their feelings and emotions and can be an important step on the path to healing. In a legal context saying sorry was equated with admitting fault for the incident giving rise to...
Do I have an obligation to look after my adult child after my death?
In the recent case of Joss v Joss [2020] VSC 424, the Court had to determine whether an a parent who provided for an adult child had a moral duty to continue to do so after his death, even when there was no legal obligation on the parent to do so. Background Peter...
Can Someone Unrelated to Me Make a Claim on My Estate?
In Victoria, if you are not included as a beneficiary under a Will, you can apply to the Supreme Court of Victoria for provision under Part IV of the Administration and Probate Act 1958 (Vic) (“the Act”). The Act provides that persons eligible to apply are: The...
I Have Been Left Out Of A Will. What Can I Do?
The death of a loved one is difficult. Unfortunately it can become more difficult should you have been left out of the Will or if the provision made for you in the Will is not what you had expected. The law recognises a basic principle of freedom to testation - that...
Bob Hawke – An Example of Where a Complex Family Situation Can Result in a Contested Will
Blended families are common and can create complex situations especially with the death of one of the spouses. Large superannuation amounts, investments and property portfolios that the dead spouse may have brought into the second relationship have led to a rise in...
Legal Gymnastics Aside – Reflecting on the Malka Leifer Saga
On Tuesday 26 May 2020, Judge Chana Miriam Lomp of the Jerusalem District Court ruled Malka Leifer, former principal of the ultra-Orthodox Adass Israel School in Melbourne who stands accused of sexually abusing a number of her students, mentally fit to stand trial....
Does Pell Have Grounds to Sue for Defamation?
The High Court has ruled in favour of Cardinal Pell after serving just over a year of a six-year sentence for the sexual abuse of two choirboys. He has now walked free from Barwon Prison and living in Sydney. In his first television interview since being freed from...
Australia’s Wage Theft Scandal, Big Names and Bigger Bucks
Wage theft, it’s the hot workplace topic of the moment with many of Australia’s favourite brands and personalities embroiled in the scandal. Woolworths is just the most recent of a long list of Australian employers stepping into the underpayment spotlight, with the...
No One Believed Them
Imagine learning your baby daughter had died because she had swallowed a button battery, which could have been detected if only medical staff had listened to you. This is the tragic and heart-breaking experience of one family. In early 2015, Bella, a lively and...