Since the launch of the podcast in April 2021, Tanya has been the script-writer, editor and host of the Growing Stronger podcast.  Tanya will be leaving Catherine Henry Lawyers for her next career challenge, but the team at CHL will continue on so stay tuned.  A big thank you from Tanya for listening to the podcasts and providing feedback. 

Since the launch of the podcast in April 2021, Tanya has been the script-writer, editor and host of the Growing Stronger podcast.  Tanya will be leaving Catherine Henry Lawyers for her next career challenge, but the team at CHL will continue on so stay tuned.  A big thank you from Tanya for listening to the podcasts and providing feedback.

Farewell from Tanya

The case we’re looking at in this episode involves a mother who transferred her house to her son for no money, and then needed it back when she went into aged care.  We’ve covered similar scenarios before, but what makes this one different is that the mother was not only seeking to get her house back, she also wanted compensation. The transfer of the house caused the mother to lose her pension and increased her aged care fees and all up cost her about $130,000. She wanted her son to reimburse her for those losses as well. Case citation: McFarlane v McFarlane [2021] VSC 197 Facebook: link to the Growing Stronger Podcast Group  NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

The case we’re looking at in this episode involves a mother who transferred her house to her son for no money, and then needed it back when she went into aged care.  We’ve covered similar scenarios before, but what makes this one different is that the mother was not only seeking to get her house back, she also wanted compensation. The transfer of the house caused the mother to lose her pension and increased her aged care fees and all up cost her about $130,000. She wanted her son to reimburse her for those losses as well. Case citation: McFarlane v McFarlane [2021] VSC 197 Facebook: <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">link to the Growing Stronger Podcast Group</a> NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

30. You’ve Cost Me So Much More

International Women's Day is 8 March and is a global day celebrating the social, economic, cultural and political achievements of women. The day also marks a call to action for accelerating gender equality. This year's theme is Break the Bias. Whether deliberate or unconscious, bias makes it difficult for women to move ahead. Knowing that bias exists isn't enough. Action is needed to level the playing field. To recognise this important day, we are releasing a special episode of the Growing Stronger podcast.  In the episode, Catherine Henry shares her thoughts on the top legal issues affecting women at present, including Women and work Women and family, and Women and health.   [Script written by Catherine Henry. Read by Tanya Chapman] The podcast also recognises some of the important work other organisations are doing and how you might become involved, such as Celebrate Ageing and the Older Women Count campaign. LINKS: International Women's Day Celebrate Ageing Older Women Count Safety Respect Equity Women's Electoral Lobby Catherine Henry Lawyers, FREE guide: Women and the Law

International Women's Day is 8 March and is a global day celebrating the social, economic, cultural and political achievements of women. The day also marks a call to action for accelerating gender equality. This year's theme is Break the Bias. Whether deliberate or unconscious, bias makes it difficult for women to move ahead. Knowing that bias exists isn't enough. Action is needed to level the playing field. To recognise this important day, we are releasing a special episode of the Growing Stronger podcast. In the episode, Catherine Henry shares her thoughts on the top legal issues affecting women at present, including <ul><li>Women and work</li> <li>Women and family, and</li> <li>Women and health. </li> </ul> [Script written by Catherine Henry. Read by Tanya Chapman] The podcast also recognises some of the important work other organisations are doing and how you might become involved, such as Celebrate Ageing and the Older Women Count campaign. LINKS: <a href="https://www.internationalwomensday.com/" rel="nofollow" target="_blank">International Women's Day</a> <a href="https://www.celebrateageing.com/" rel="nofollow" target="_blank">Celebrate Ageing</a> <a href="https://www.celebrateageing.com/olderwomencount.html" rel="nofollow" target="_blank">Older Women Count</a> <a href="" rel="nofollow" target="_blank">Safety Respect Equity</a> <a href="https://www.wel.org.au/" rel="nofollow" target="_blank">Women's Electoral Lobby</a> Catherine Henry Lawyers,<a href="https://catherinehenrylawyers.com.au/helpful-information/ebooks/" rel="nofollow" target="_blank"> FREE guide: Women and the Law</a>

Special Episode: International Women’s Day 2022

Additional thoughts on episode #28: The Family Abuser.

Additional thoughts on episode #28: The Family Abuser.

A Short Thought: The Family Abuser Update

In episodes 25 and 26 we covered the case of Yesilhat v Calokerinos – the case of a man who claimed that for 14 years he had been having a secret relationship with pharmacist George Sclavos. The courts determined that the whole relationship was a fabrication, an elaborate lie intended to avoid having to repay the estate hundreds of thousands of dollars. We have an update on the case and the legal proceedings which are still ongoing, as well as some additional information we neglected to include in our first episodes.   Links: Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos (No. 5) [2021] NSWSC 1586 Middlebrook and Tax Practitioners Board [2020] AATA 3698   Facebook: link to the Growing Stronger Podcast Group  NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

In episodes 25 and 26 we covered the case of Yesilhat v Calokerinos – the case of a man who claimed that for 14 years he had been having a secret relationship with pharmacist George Sclavos. The courts determined that the whole relationship was a fabrication, an elaborate lie intended to avoid having to repay the estate hundreds of thousands of dollars. We have an update on the case and the legal proceedings which are still ongoing, as well as some additional information we neglected to include in our first episodes. Links: <a href="https://www.caselaw.nsw.gov.au/decision/17d930de45f43cf32ab641b3" rel="nofollow" target="_blank">Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat; Yesilhat v Calokerinos, Executor of the Estate of the late George Sclavos (No. 5) [2021] NSWSC 1586</a> <a href="https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2020/3698.html?context=1;query=Allen%20Middlebrook;mask_path=" rel="nofollow" target="_blank">Middlebrook and Tax Practitioners Board [2020] AATA 3698</a> Facebook: <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">link to the Growing Stronger Podcast Group </a> NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

UPDATE: Episodes #25 and #26 - The Secret Lover

11 February is International Day of Women and Girls in Science. We wanted to do something special to give recognition to the amazing work women and girls have made in the field of science and to inspire women and girls to continue to strive and break barriers. In this episode, Tanya and her co-workers from Catherine Henry Lawyers tell the stories of inspirational women and girls who have made a significant contribution to the field of science, including Marie Curie, Elizabeth Blackwell, Jane Goodall, Vera Rubin, Maria Merian, Alice Ball, Gerty Cori, and many more.   Facebook: link to the Growing Stronger Podcast Group  Link to website for International Day of Women and Girls in Science Australian Academy of Science 'Women in STEM Decadal Plan' Link to Catalyst.org website

11 February is International Day of Women and Girls in Science. We wanted to do something special to give recognition to the amazing work women and girls have made in the field of science and to inspire women and girls to continue to strive and break barriers. In this episode, Tanya and her co-workers from Catherine Henry Lawyers tell the stories of inspirational women and girls who have made a significant contribution to the field of science, including Marie Curie, Elizabeth Blackwell, Jane Goodall, Vera Rubin, Maria Merian, Alice Ball, Gerty Cori, and many more. Facebook: <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">link to the Growing Stronger Podcast Group</a> Link to website for <a href="https://www.internationalwomensday.com/Theme" rel="nofollow" target="_blank">International Day of Women and Girls in Science</a> Australian Academy of Science <a href="https://www.science.org.au/support/analysis/decadal-plans-science/women-in-stem-decadal-plan" rel="nofollow" target="_blank">'Women in STEM Decadal Plan'</a> Link to <a>Catalyst.org</a> website

29. Standing on the Shoulders of Giants

Warning This episode involves mention of physical and emotional abuse and may be disturbing to listeners. Listener discretion is advised. In this episode, Tanya discusses a case involving a daughter who tormented and harassed her parents and siblings for decades. The daughter was able to gain control of her father and his finances, received substantial financial payments from him and was the cause of his separation from his wife. The judge said, “penetrating the complexity of the tensions within the Grant household is difficult,” but in this episode, we’re going to give it a go! Case citation: Grant v Grant (No2) [2020] NSWSC 1288; Grant v Grant [2020] NSWCA 328 Facebook: link to the Growing Stronger Podcast Group  NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

Warning This episode involves mention of physical and emotional abuse and may be disturbing to listeners. Listener discretion is advised. In this episode, Tanya discusses a case involving a daughter who tormented and harassed her parents and siblings for decades. The daughter was able to gain control of her father and his finances, received substantial financial payments from him and was the cause of his separation from his wife. The judge said, “penetrating the complexity of the tensions within the Grant household is difficult,” but in this episode, we’re going to give it a go! Case citation: Grant v Grant (No2) [2020] NSWSC 1288; Grant v Grant [2020] NSWCA 328 Facebook: <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">link to the Growing Stronger Podcast Group </a> NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

28. The Family Abuser

Special voice actors: Rob Dilley, Sky Berzins and Beau Chapman Relationships come in all forms nowadays. We are no longer restricted to the old nuclear family dynamic. One form that is becoming increasingly common is the blended family where you have spouses who have no children together but have children from previous relationships. These later-life de facto relationships come with different concerns. For example, both parties will usually be older and will have accrued their own savings, superannuation, assets, and property by the time their current relationship started. They may agree that they will continue to be financially independent and that throughout their relationship they won't intermingle their funds, they will each pay their own way and on their death, their estate will go to their children or their family. This is a sensible and reasonable decision to make. But after death, can the surviving de facto make a claim on the estate? That's what happened in this case that was decided in September 2021. Listen to the episode to find out whether the application was successful. Citation: Wertheim v Perpetual Trustee Company Limited [2021] NSWSC 1229 Facebook: link to the Growing Stronger Podcast Group  NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

Special voice actors: Rob Dilley, Sky Berzins and Beau Chapman Relationships come in all forms nowadays. We are no longer restricted to the old nuclear family dynamic. One form that is becoming increasingly common is the blended family where you have spouses who have no children together but have children from previous relationships. These later-life de facto relationships come with different concerns. For example, both parties will usually be older and will have accrued their own savings, superannuation, assets, and property by the time their current relationship started. They may agree that they will continue to be financially independent and that throughout their relationship they won't intermingle their funds, they will each pay their own way and on their death, their estate will go to their children or their family. This is a sensible and reasonable decision to make. But after death, can the surviving de facto make a claim on the estate? That's what happened in this case that was decided in September 2021. Listen to the episode to find out whether the application was successful. Citation: Wertheim v Perpetual Trustee Company Limited [2021] NSWSC 1229 Facebook: <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">link to the Growing Stronger Podcast Group </a> NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

27. Love, Affection, But No Money

Growing Stronger episode #25 &amp; 26: The Secret Lover Part 1 and Part 2 This complex case spanned many court hearings and many years, accruing an astonishing amount in legal fees. As the heart of it was George Sclavos, a pharmacist who owned a pharmacy in Leppington and who was 65 when he died in August 2013. And we have Okan Yesilhat. A former police officer, now co-owner of a tyre business.  He was 30 years younger than George and after George’s death, claimed that for 14 years they had been having a secret romantic and sexual relationship. This secret relationship was at the basis of Okan’s legal claims: his claim for family provision from George’s extensive estate, worth $6m at his death, his claim that extensive funds he had received from George were gifts and not loans, his claim that the George’s informal will had been fabricated.  Did George and Okan have a secret 14-year relationship? Or was the whole thing a fantasy, an elaborate story and elaborate deception intended to fleece the estate? In part 1 – We outline the evidence, the versions and arguments of each side and the evidence of the witnesses. In part 2 – We discuss the findings of the Court, the orders made and what we can learn from this case. Citation: Yesilhat v Calokerinos [2015] NSWSC 1028; Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat [2017] NSWSC 666 (9 June 2017); Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat (No 2) [2019] NSWSC 584 (22 May 2019); Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat (No 3) [2019] NSWSC 1752 (13 December 2019); Yesilhat v Calokerinos [2021] NSWCA 110 (28 May 2021) Facebook: link to the Growing Stronger Podcast Group  NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

Growing Stronger episode #25 &amp; 26: The Secret Lover Part 1 and Part 2 This complex case spanned many court hearings and many years, accruing an astonishing amount in legal fees. As the heart of it was George Sclavos, a pharmacist who owned a pharmacy in Leppington and who was 65 when he died in August 2013. And we have Okan Yesilhat. A former police officer, now co-owner of a tyre business.  He was 30 years younger than George and after George’s death, claimed that for 14 years they had been having a secret romantic and sexual relationship. This secret relationship was at the basis of Okan’s legal claims: <ul><li>his claim for family provision from George’s extensive estate, worth $6m at his death,</li> <li>his claim that extensive funds he had received from George were gifts and not loans,</li> <li>his claim that the George’s informal will had been fabricated.</li> </ul> Did George and Okan have a secret 14-year relationship? Or was the whole thing a fantasy, an elaborate story and elaborate deception intended to fleece the estate? In part 1 – We outline the evidence, the versions and arguments of each side and the evidence of the witnesses. In part 2 – We discuss the findings of the Court, the orders made and what we can learn from this case. Citation: Yesilhat v Calokerinos [2015] NSWSC 1028; Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat [2017] NSWSC 666 (9 June 2017); Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat (No 2) [2019] NSWSC 584 (22 May 2019); Calokerinos, Executor of the Estate of the late George Sclavos v Yesilhat (No 3) [2019] NSWSC 1752 (13 December 2019); Yesilhat v Calokerinos [2021] NSWCA 110 (28 May 2021) Facebook: <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">link to the Growing Stronger Podcast Group</a> NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

26. The Secret Lover - Part 2

25. The Secret Lover - Part 1

In each episode, we will be discussing a legal case, or several cases, in the areas of contested estates, elder abuse and elder law, family law and health law. This podcast is not going to be a series of dry legal lectures or long-winded seminars that you struggle to stay awake through. We are going to be discussing some intriguing, interesting and troubling cases; giving the background facts, explaining the reasoning behind the outcome and demonstrating the real human side of the law.

In this case decision you won’t see the words financial elder abuse, but that’s what it is. Instead, you’ll see the legal terms unconscionable conduct and undue influence. You might not know the terms, but you may recognize the conduct. We have a dying mother who, shortly before her death, gave her daughter $2.2m. The daughter was her mother’s principal carer, her mother depended on her and trusted her, and it was the daughter who arranged the transfer of money.  These circumstances were enough to raise suspicions that maybe the daughter had influenced her mother to make the gift. Listen to the episode to hear more about the circumstances surrounding this gift and to find out whether it was upheld. Case citation: Olsen v Mentink [2019] NSWSC 1299 Facebook: link to the Growing Stronger Podcast Group  NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

In this case decision you won’t see the words financial elder abuse, but that’s what it is. Instead, you’ll see the legal terms unconscionable conduct and undue influence. You might not know the terms, but you may recognize the conduct. We have a dying mother who, shortly before her death, gave her daughter $2.2m. The daughter was her mother’s principal carer, her mother depended on her and trusted her, and it was the daughter who arranged the transfer of money.  These circumstances were enough to raise suspicions that maybe the daughter had influenced her mother to make the gift. Listen to the episode to hear more about the circumstances surrounding this gift and to find out whether it was upheld. Case citation: Olsen v Mentink [2019] NSWSC 1299 Facebook: <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">link to the Growing Stronger Podcast Group </a> NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

24. The Million Dollar Gift

Teresa Somes, Associate Lecturer at Macquarie Law School, joins us to discuss a granny flat gone wrong case. Ricky moved into a house with her daughter Dianne, son-in-law Mario and their 3 children. After 3 years of living together, they were no longer speaking to each other. Ricky needed to get out of the house, but could she get back the money she contributed to buying the house? Citation: Flourentzou v Spink [2019] NSWCA 315; Spink v Flourentzou [2019] NSWSC 256  Facebook: link to the Growing Stronger Podcast Group  NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

<a href="https://researchers.mq.edu.au/en/persons/teresa-somes" rel="nofollow" target="_blank">Teresa Somes,</a> Associate Lecturer at Macquarie Law School, joins us to discuss a granny flat gone wrong case. Ricky moved into a house with her daughter Dianne, son-in-law Mario and their 3 children. After 3 years of living together, they were no longer speaking to each other. Ricky needed to get out of the house, but could she get back the money she contributed to buying the house? Citation: Flourentzou v Spink [2019] NSWCA 315; Spink v Flourentzou [2019] NSWSC 256 Facebook: <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">link to the Growing Stronger Podcast Group </a> NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

23. Granny Flats: Spink About It

There are a lot of things that can go wrong with a home-made Will, from giving away assets that aren’t technically yours, leaving assets out or forgetting to provide for assets you might acquire later, failing to appoint a back-up executor, or having the will witnessed by the wrong person. The 2 cases we look at in this episode are just cases of bad drafting. In the first case, one paragraph in particular caused a lot of confusion and arguments partly because of lack of punctuation. In the second case, a poorly drafted entry into a proforma will left the parties arguing over what the deceased had intended. Citations: Jones v Robinson &amp; Ors [2019] NSWSC 932; Marlow v Croft [2020] NSWSC 251 Facebook: link to the Growing Stronger Podcast Group https://www.facebook.com/groups/114844900573124 NOTES: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

There are a lot of things that can go wrong with a home-made Will, from giving away assets that aren’t technically yours, leaving assets out or forgetting to provide for assets you might acquire later, failing to appoint a back-up executor, or having the will witnessed by the wrong person. The 2 cases we look at in this episode are just cases of bad drafting. In the first case, one paragraph in particular caused a lot of confusion and arguments partly because of lack of punctuation. In the second case, a poorly drafted entry into a proforma will left the parties arguing over what the deceased had intended. Citations: Jones v Robinson &amp; Ors [2019] NSWSC 932; Marlow v Croft [2020] NSWSC 251 Facebook: link to the Growing Stronger Podcast Group <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">https://www.facebook.com/groups/114844900573124</a> NOTES: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

22. The Importance of Punctuation

Growing Stronger episode #21: CHL Halloween Special  The staff of CHL (Catherine Henry Lawyers) join in for this super Halloween special episode. In this episode, we share short stories about law cases against ghosts, flammable costumes, haunted house mishaps and more frightening, funny legal cases. This episode is all about the fun side of the law – no serious stuff here. Facebook: link to the Growing Stronger Podcast Group https://www.facebook.com/groups/114844900573124

Growing Stronger episode #21: CHL Halloween Special The staff of CHL (Catherine Henry Lawyers) join in for this super Halloween special episode. In this episode, we share short stories about law cases against ghosts, flammable costumes, haunted house mishaps and more frightening, funny legal cases. This episode is all about the fun side of the law – no serious stuff here. Facebook: link to the Growing Stronger Podcast Group <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">https://www.facebook.com/groups/114844900573124</a>

21. CHL Halloween Special

This year, 31 October is NSW Grandparents Day and, in recognition, we’re looking at a family law case that demonstrates some of the legal rights grandparents have when the parents are separating or when there are issues with who the children should live with. In this case, the maternal grandmother and aunt applied to the court for the 3 children to live with them. Family Lawyer Rob Dilley joins me to share his expert knowledge in the complex world of family law. WARNING: There is mention of suicidal ideation, alcohol and substance abuse, family violence and child abuse and neglect, you may prefer to skip this episode. Case citation: Harty v Chilton [2021] FamCA 34 Facebook: link to the Growing Stronger Podcast Group https://www.facebook.com/groups/114844900573124 NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

This year, 31 October is NSW Grandparents Day and, in recognition, we’re looking at a family law case that demonstrates some of the legal rights grandparents have when the parents are separating or when there are issues with who the children should live with. In this case, the maternal grandmother and aunt applied to the court for the 3 children to live with them. Family Lawyer Rob Dilley joins me to share his expert knowledge in the complex world of family law. WARNING: There is mention of suicidal ideation, alcohol and substance abuse, family violence and child abuse and neglect, you may prefer to skip this episode. Case citation: Harty v Chilton [2021] FamCA 34 Facebook: link to the Growing Stronger Podcast Group <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">https://www.facebook.com/groups/114844900573124</a> NOTES: While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

20. The Rights of a Grandparent

When your capacity is declining and you need to move into residential care, that’s when you need to have your affairs in place and ideally have a Power of Attorney already appointed to look after your finances. But what happens when the person you trusted, the one that you have appointed as attorney sees that they now have access to your money and property, and they decide to help themselves? How can this be fixed? That’s the type of case we’re looking at today. I’m going to give you 2 case examples to show you what it can look like and how the Courts deal with it. Then I’m going to give you some tips on what to do if you think your attorney or someone else’s attorney is misusing their powers.  CITATIONS: Mary Alice Hughes by her Tutor NSW Trustee &amp; Guardian v Hughes [2011] NSWSC 702 and Cohen v Cohen [2016] NSWSC 336. Facebook: link to the Growing Stronger Podcast Group https://www.facebook.com/groups/114844900573124 NOTES: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

When your capacity is declining and you need to move into residential care, that’s when you need to have your affairs in place and ideally have a Power of Attorney already appointed to look after your finances. But what happens when the person you trusted, the one that you have appointed as attorney sees that they now have access to your money and property, and they decide to help themselves? How can this be fixed? That’s the type of case we’re looking at today. I’m going to give you 2 case examples to show you what it can look like and how the Courts deal with it. Then I’m going to give you some tips on what to do if you think your attorney or someone else’s attorney is misusing their powers.  CITATIONS: Mary Alice Hughes by her Tutor NSW Trustee &amp; Guardian v Hughes [2011] NSWSC 702 and Cohen v Cohen [2016] NSWSC 336. Facebook: link to the Growing Stronger Podcast Group <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">https://www.facebook.com/groups/114844900573124</a> NOTES: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

19. Inappropriate Attorney

October 1st is International Day of Older Persons. A day for raising awareness about issues affecting older persons, such as challenges of an ageing population and elder abuse. It is also a day to appreciate the contributions that older people make to society and promote the development of a society for all ages. In recognition, this episode will look at a form of elder abuse that is associated with inheritance impatience or feelings of entitlement to the assets of an older person.  What happens if a Will has been made under pressure, harassment, or manipulation? Does it still stand? What can you do to overturn it? In this case, we look at the last Will of Vasilka Janakievska and the ongoing attempts from her late husband’s brother to guilt, pressure and threaten her to leave him property in her will. This case demonstrates how you might challenge the validity of a Will, but is also a lesson for what you can do to prevent a challenge to your Will. CITATION: Petrovski v Nasev; The estate of Janakievska [2011] NSWSC 1275 Facebook: link to the Growing Stronger Podcast Group NOTES: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

October 1st is International Day of Older Persons. A day for raising awareness about issues affecting older persons, such as challenges of an ageing population and elder abuse. It is also a day to appreciate the contributions that older people make to society and promote the development of a society for all ages. In recognition, this episode will look at a form of elder abuse that is associated with inheritance impatience or feelings of entitlement to the assets of an older person.  What happens if a Will has been made under pressure, harassment, or manipulation? Does it still stand? What can you do to overturn it? In this case, we look at the last Will of Vasilka Janakievska and the ongoing attempts from her late husband’s brother to guilt, pressure and threaten her to leave him property in her will. This case demonstrates how you might challenge the validity of a Will, but is also a lesson for what you can do to prevent a challenge to your Will. CITATION: Petrovski v Nasev; The estate of Janakievska [2011] NSWSC 1275 Facebook: <a href="" rel="nofollow" target="_blank">link to the Growing Stronger Podcast Group</a> NOTES: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

18. That‘s Not My Will

For this special mini-episode we are looking at a quirky case that involved a person charged with criminal offences who claims that he can’t be charged because he consists of two separate legal entities. There was his flesh and blood corporeal self and then there was the “straw man” without legal personality. And because he lacked legal personality, he couldn’t be charged with a crime. That was the claim made to the District Court of Queensland. Did it work?    CITATION: R v Sweet [2021] QDC 216 NOTES: The case discussed in the episode is a Queensland case, so what we’re discussing will be based on the law in Queensland and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

For this special mini-episode we are looking at a quirky case that involved a person charged with criminal offences who claims that he can’t be charged because he consists of two separate legal entities. There was his flesh and blood corporeal self and then there was the “straw man” without legal personality. And because he lacked legal personality, he couldn’t be charged with a crime. That was the claim made to the District Court of Queensland. Did it work?    CITATION: R v Sweet [2021] QDC 216 NOTES: The case discussed in the episode is a Queensland case, so what we’re discussing will be based on the law in Queensland and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

17. The Straw Man (mini-sode)

Edward Leslie Cameron was the illegitimate son of prominent businessman John Hemmes. Even after a DNA test proved that Edward was John’s biological son, John continued to deny it and wanted nothing to do with him. Given that John never acknowledged Edward as his son, it probably surprised no one that John didn’t leave him anything in his Will. And that’s exactly what happened.With no provision made for him in his father’s will, Edward made a family provision application. This episode looks at whether that application was successful. Case citation: Estate Hemmes; Cameron v Mead [2018] NSWSC 85 Facebook: link to the Growing Stronger Podcast Group NOTES: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

Edward Leslie Cameron was the illegitimate son of prominent businessman John Hemmes. Even after a DNA test proved that Edward was John’s biological son, John continued to deny it and wanted nothing to do with him. Given that John never acknowledged Edward as his son, it probably surprised no one that John didn’t leave him anything in his Will. And that’s exactly what happened. With no provision made for him in his father’s will, Edward made a family provision application. This episode looks at whether that application was successful. Case citation: Estate Hemmes; Cameron v Mead [2018] NSWSC 85 Facebook: <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">link to the Growing Stronger Podcast Group</a> NOTES: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

16. The Rich Man‘s Poor Son

Dr Garrett’s young drinking buddy Jason moved in with him and became his live-in carer. For many years they lived together as the Doctor’s capacity diminished and his care needs increased. But Jason wasn’t the best carer. And although he received approximately $800,000 in financial benefits from the doctor, after the doctor’s death Jason made a claim on his estate. Was he entitled to the Doctor’s home worth about $2m? Case citation: Gill v Garrett [2020] NSWSC 795; Gill v Garrett (No 2) [2020] NSWSC 1473 Facebook: link to the Growing Stronger Podcast Group https://www.facebook.com/groups/114844900573124 NOTES: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

Dr Garrett’s young drinking buddy Jason moved in with him and became his live-in carer. For many years they lived together as the Doctor’s capacity diminished and his care needs increased. But Jason wasn’t the best carer. And although he received approximately $800,000 in financial benefits from the doctor, after the doctor’s death Jason made a claim on his estate. Was he entitled to the Doctor’s home worth about $2m? Case citation: Gill v Garrett [2020] NSWSC 795; Gill v Garrett (No 2) [2020] NSWSC 1473 Facebook: link to the Growing Stronger Podcast Group <a href="https://www.facebook.com/groups/114844900573124" rel="nofollow" target="_blank">https://www.facebook.com/groups/114844900573124</a> NOTES: The case discussed in the episode is a NSW case, so what we’re discussing will be based on the law in NSW and is not intended to be taken to be applied Australia-wide. While this podcast is aimed to be informative, it is not intended to be a substitute for legal advice. For any matter we discuss, we summarise, skip over parts that may be too technical and only generalise. You should still see a solicitor for complete advice that relates directly to your particular situation.

15. The Doctor‘s Young Drinking Buddy

In each episode, we will be discussing a legal case, or several cases, in the areas of contested estates, elder abuse and elder law, family law and health law. This podcast is not going to be a series of dry legal lectures or long-winded seminars that you struggle to stay awake through. We are going to be discussing some intriguing, interesting and troubling cases; giving the background facts, explaining the reasoning behind the outcome and demonstrating the real human side of the law.

Growing Stronger Podcast

The best podcast episodes of the most interesting stories and things. From skyping someone while they're in space, to tracking down and meeting a telephone scammer in person, to the story of a Galapagos. These episodes will keep you and all your friends entertained and captivated for hours. Learn something new in every episode! Add episodes you're interested into your queue below!

Best Episodes: Interesting Stories & Things

The best podcast episodes on Startups. For anyone working in a startup, or anyone interested in the incredible stories behind how people built companies like Instagram, and Facebook. Offering both practical advice and insights, as well as the stories for how many of the biggest startups got to where they are today. Add episodes you're interested into your queue below!