Just in Case Law

By: Tanya Chapman
  • Summary

  • Hear about some of the most interesting Australian legal cases, including deceased estates, forged Wills, financial abuse, divorce and family law disputes, professional and medical negligence, and any other case that has enough drama to be worth discussing. I'm a solicitor specialising in Wills, Estates & Elder Law, so I kinda know what I'm talking about and will try to make it all make sense. This podcast is absolutely not legal advice or a dull legal lecture, but is more a legal soap opera! If you love true crime, but need a break from all the murder, this is the podcast for you!
    Tanya Chapman
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Episodes
  • CRIME: Refusing care
    Dec 18 2024

    CASE: R v Thompson, David; R v Thompson, Phillip [2019] NSWSC 1396

    WARNING: Disturbing content

    If you are responsible for the care of a person and they die because you have failed to provide that care, you may be charged with manslaughter by gross criminal negligence.

    This was the charge that was brought against David and Phillip Thompson when their mother died in September 2017.

    In 2017, Shirley Thompson was 72 years old and living in an apartment in Western Sydney wit her two sons.

    On 23 August, Shirley wasn't speaking, wasn't drinking or eating and had bed sores. Her sons called an ambulance.

    Shirley died of sepsis 10 days after she was admitted to hospital.

    Her sons were charged with manslaughter by gross criminal negligence.

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    14 mins
  • DEFAMATION: The Dennis Denuto lawyer
    Dec 16 2024

    CASE: Smith v Kenneth [2016] QCA 267

    For people familiar with the best Aussie movie of all time - 'The Castle' - you will know that for a lawyer, being called "Dennis Denuto" is most definitely not a compliment.

    That is what happened in this case. Solicitor Brett Smith was acting in a family law dispute. The husband on the other side, on several occasions, referred to him as "Dennis Denuto".

    Brett took extreme offence and made a claim for damages for defamation.

    The judge determined that the insult was defamatory, but that the public awareness of the insult was largely Brett's fault.

    Before the defamation proceedings, 3 adults knew of the insult. After the proceedings and all the media attention it garnered.... let's say the proceedings did more damage than the insults did.

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    16 mins
  • SUCCESSION: Beware of the boarder
    Dec 8 2024

    CASE: McCarthy v Tye [2017] NSWCA 284

    Can a boarder and a housemate make a claim on your estate?

    In some circumstances, the answer may be yes.

    Peter McCarthy had been a boarder in the house of Diane Green from 2003 to 2014. He paid rent and his own expenses.

    After 11 years of living together, they had become close friends and even went on a few holidays together.

    After Diane's death in 2014, Peter made an application to receive a substantial part of her estate - mainly the house he was still living in.

    He claimed that he was Diane's de facto spouse at the date of her death. Was he? Did he receive some of Diane's estate?

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    37 mins

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