Hibbitt v Ziade – Cat Care for a House
Can I force someone to take care of my pets after I die?
In a recent decision by the New South Wales Supreme Court decision of Hibbett v Ziade [2022] NSWSC 904 the Court interpreted a will that appeared on …
Trustee & Guardian 4 corners investigation
The below is harrowing example of severe financial mismanagement by the Trustee & Guardian against some of the most vulnerable in society. It is vitally important that people’s financial and health needs are cared for by someone they trust, not …
Bryan v Beveridge [2021] NSWSC 1406 (8 November 2021)
Recently the Supreme Court handed down its decision in the matter of Bryan v Beveridge Bryan v Beveridge [2021] NSWSC 1406 (8 November 2021) which was an application by an adult daughter for interim provision out of her late father’s …
The Rights of the Unborn Foetus – Changes to Zoe’s Law
Zoe Donegan (an unborn foetus) died in utero on Christmas Day 2009 after her mother’s car was hit by an offending driver. The offender was charged and ultimately convicted but under the applicable Crimes Act provisions in NSW only the …
Assessing Capacity to Make a Will
I have written previously about the solicitor’s duties to an elderly client regarding assessing capacity when taking instructions to make a new Will. When a solicitor is concerned that their client has suspect capacity, they are duty bound to obtain …
Family provision case study – ‘Living Together’
What does ‘living together’ mean in the context of a claim for a family provision order against a deceased estate?
The New South Wales Court of Appeal recently delivered its decision in the matter of Yesilhat v Calokerinos [2021] NCSWCA …
What is a ‘reportable incident’
What is a ‘reportable incident’ for the purposes of a Root Cause Analysis under The Health Administration Act 1982
It is fundamentally important for the proper delivery of public health services that serious clinical incidents are identified, investigated and processes …
The Reality of Open Disclosure – Hunter New England Local Health District
The New South Wales Government will claim that our public health system is completely open and transparent when it comes to the release of information around the administration and reporting of adverse clinical events.
In respect of our own Hunter …
Severe conditions imposed on cardiothoracic surgeon Michael Byrom
The Medical Council of NSW has taken what has been described as an unprecedented decision to impose severe conditions on the practice of Royal Prince Alfred cardiothoracic surgeon Michael Byrom according to an article in The Australian by Natasha Robinson…
Travel breach of contract – can I claim for disappointment?
Travel – breach of contract – can I claim for distress and disappointment?
Paradise
In Baltic Shipping Company v Dillon (1993) 176 CLR 344, the High Court distilled the law in Australia for claims for compensation for non economic …