CASE: Kids' Kinder Childcare Pty Limited v The Department of Education [2024] NSWDC 345

WARNING: Disturbing content; child abuse

Parents are entitled to expect that when they leave their children at a childcare centre, their children will be properly cared for. That did not occur at Jumpstart Childcare in Menai.

Kids' Kinder Childcare Pty Limited, operating as Jumpstart Childcare, pleaded guilty to several offences including subjecting children to unreasonable discipline, failing to protect a child from a hazard, and failing to ensure the safety and wellbeing of children at its service.

After receiving their sentence - an arguably not-so hefty fine - the sole director, Thomas Fanous, appealed against the severity of the sentence. On reviewing the facts, the appeal court agreed that the sentence needed to be appealed, but because it was too lenient and the fine was increased.

CASE: Estate MPS, deceased [2017] NSWSC 482; Smoje vForrester [2017] NSWCA 308

Miryana Smoje spent the last two years of her life dying slowly and in constant pain, from breast cancer and inadequate medical care, in a small hotel room in Frenchs Forest.

She died without a will and her closest relatives was her brother Neven. But before her estate worth about $2.25m could pass to Neven, there was a claim on the estate.

David Forrester applied for provision from the estate on the basis that not only had he been Miryana's carer for the last two years of her life, but also because he had been living with her in a close personal relationship at the time of her death.

Was he successful?

CASE: Flourentzou v Spink [2019] NSWCA 315

In 2012, Dianne and Mario Flourentzou purchased a property in Casula to live in with their three children.

Dianne's mother, Ricky Spink, contributed $165,000 towards the purchase and renovation of the Casula property on the understanding that she could live with them at the property for the rest of her life.

Within 3 years, relationships had soured and Ricky was kicked out of the family home.

Was there any way she could get her money back?