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?

CASE: Croft v Sanders [2019] NSWCA 303

When Warwick Croft made his last Will in 2013, he was 82 years old and suffering from delusions. He believed that four of his daughters were scheming against him, that they worked in a brothel and were sending prostitutes to knock on his door late at night. He talking about seeing things in his backyard - a black panther, huge owls, and one of his daughters running down a fence.

Croft's Will left most of his $3 million estate to one of his six daughters, Anna. Two of the daughters, Leah and Esther, challenged the Will on the basis that their father lacked capacity when it was made.

The Court was required to determine to what extent Croft's Will was influenced by his delusions and what was a reasonable response to his daughters taking their mother's side in his divorce.

CASE: Council of the Law Society of NSW v Zhukovska [2019] NSWCATOD 66

Recommended by Leah Murphy (formerly Leah Johnson)

Myroslava Zhukovska was the solicitor for Dulcie Barbara Heane who was elderly and living in aged care.

Within a short period of time, Zhukovska got financial control of Dulcie's money, sold Dulcie's home, made unsecured loans from Dulcie's money to her clients and herself, and paid herself $76,000 for all her work from Dulcie's money.

Can a lawyer do all that and still be permitted to practice law?

CASE: DPP v Gargasoulas [2019] VSC 87

WARNING: Disturbing content of murder, violence and drug use.

On the 20 January 2017, around 1.30pm James Gargasoulas drove a Holden Commodore into the pedestrian only Bourke Street in the Melbourne Central business district.

He deliberately mowing down pedestrians who were walking through the mall. 27 people were struck and suffered physical and psychological injuries. Six people were killed, two of whom were children.

Gargasoulas was found guilty of six counts of murder and 27 counts of reckless conduct endangering life.

Justice Weinberg called it one of the ‘worst examples of mass murder’ in Australia’s history and ordered James Gargasoulas to serve six concurrent life sentences.

CASE: In the Estate of McFadyen [2015] ACTSC 2019

In 2014, 64-year-old Shenee McFadyen was visited by an old work colleague, AB. Within the short two-week visit, AB took Shenee to a solicitor to do a new Will, leaving her whole estate to AB.

Shortly after, Shenee was hospitalised with cerebellar haemorrhage. AB did not come to see her.

Shenee died four months after having signed the Will. AB did not attend the funeral.

Shenee's lifelong friend Marlene applied to the Court to find that the last Will was invalid due to lack of capacity.

CASE: Straede v Eastwood [2003] NSWSC 280

In August 2000, John Straede was driving his wife Cheryl to work. He overtook the car in front of him on a hill and collided with an oncoming vehicle. Cheryl was killed in the accident.

John pleaded guilty to dangerous driving causing death.

The question in this case was not whether John was guilty of causing Cheryl's death, it was whether he was still entitled to inherit from her estate.

John applied for relief from the forfeiture rule, the rule that states that a person shall not benefit from the death they have caused.

However, the case focused little on the car accident itself and more on the ménage à trois with another woman.