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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • School Negligence
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

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Disposal of a Dead Body

There is no property in a dead body; this idea was stemmed from a case in the late 1800s and has been adapted within common law over time. Although a dead body is not classified as property, there are certain people who have authority for making decisions around a dead body and its disposal.

Usually, the executor appointed under the deceased’s will has this authority. Occasionally, directions are given by the deceased in their will, or an accompanying letter which gives guidance and might be said to be morally binding on the executor. If there is no will, however, there can be difficulties as to how the deceased’s body is disposed. In Smith v Tamworth City Council & Ors [1997] NSWSC 97 Young J laid down certain established principles as to ranking of people with the right to make these decisions:

  1. The person with the best claim to administration of the deceased’s estate will have the same privileges as an executor;
  2. A surviving spouse or de-facto partner will be preferred to the rights of children; and
  3. Where there are two people with equal ranking, the practicalities, of ensuring burial takes place without delay, will decide the issue.

If there is a dispute, the decision is within the discretion of the Court. It is hardly surprising that the decision will be difficult for the Court when there is a dispute between two people with equal ranking such as in the case of Brown v Weidig [2023] NSWSC 281.

The deceased took her own life suddenly at 23 years of age. She did not leave a will and had no estate assets. The parents of the deceased could not agree as to how the body will be disposed. There was no spouse or children and as the relationship with both parents had been rather dysfunctional, they both fell under a similar ranking in respect to their claims of disposal of the body.

The father of the deceased, the plaintiff, wanted the deceased to be buried in Taree, on or near ancestral Aboriginal land. The mother of the deceased wanted the deceased to be cremated and interred in Sydney so that the ashes were in close proximity to her and/or to be taken to a meaningful place.

In arriving at his decision, Lindsay J went through the inherent jurisdiction of the Court to make decisions about what happens to a body after death and whether there ought to be ‘no property in a dead body’. He expressed his opinion: ‘in the determination of a dispute about disposal of a body, there is a strong public interest element that may prevail over private claims of any type’.

Lindsay J concluded that since the parties are not in consensus, the best option was to grant the defendant (mother of the deceased) carriage of disposal of the body of the deceased by means of cremation, ensuring that if the plaintiff elects to receive some of the deceased’s ashes, the funeral director will be ordered to distribute ashes equally between the parties.

The case emphasises the importance, no matter your age or your personal circumstances, of having a valid will appointing an executor and where possible either in the will or an associated document giving direction as to you wishes in regard to your funeral and disposal of your body.

Although a traditional will is not the usual vehicle to express your wishes, we often recommend the drafting and signing of a letter of wishes in which a will maker can express many things which are not strictly legal matters which are required under a formal will. Unlike a will, which is legally binding as to the disposal of estate assets, a letter of wishes may be said to be morally binding on the executor appointed under the will and give guidance as to your wishes in relation to several matters including your funeral and the disposal of your remains.

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