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Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 6 July 2019. This week’s column updates a case involving Susan and Gordon. They were in a blended family and when Susan dies leaving Gordon with an indexed annuity of $52,000 per year, Gordon made a claim against her estate seeking further provision. Gordon owns his home, has $300,000 in superannuation and a further $150,000 in savings. Susan’s will left the remainder of her $5 million estate to her two children, from a previous relationship. Susan’s children were able to demonstrate that they had relative financial needs. […]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 29 June 2019. Barbara receives a telephone call at her home in the middle of the night. She is informed that her son, Colin, has died in a motor vehicle accident caused by another driver. Barbara is understandably overwhelmed with grief and horrified at the sudden loss of her son. Over the next few months, Barbara’s mental health deteriorates and she is ultimately diagnosed with a post-traumatic stress disorder (PTSD) and a major depressive disorder. Barbara commences legal proceedings against the driver of the at-fault motor vehicle, claiming that his negligence, which caused her son’s death, also [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 22 June 2019. Greg and Sophie were due to undergo in vitro fertilisation (IVF) treatment on 19 June 2019. On the morning of their final IVF appointment, Greg was involved in a motor vehicle accident and conveyed to hospital. Unfortunately, he suffered a stroke in the intensive care unit and was pronounced dead later that evening. Devastated by her husband’s death, Sophie made an urgent application to the Supreme Court of NSW seeking authorisation for Greg’s sperm to be lawfully extracted and stored for later use. Although Greg had not provided written consent prior to his death [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 15 June 2019. Julie was fifteen weeks pregnant when she was involved in a motor vehicle accident. As a result of the accident, she sustained a severe brain injury and fractured neck. Julie was admitted to the intensive care unit and placed on life support. Unfortunately, ten days after her admission, she was classified brain-dead by her treating clinician. Accordingly, her clinician sought to withdraw her life support on the basis that any further treatment would be “futile”. David, Julie’s spouse, was horrified when he was informed of the doctor’s decision. He disagreed with the doctor and [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 8 June 2019. Melanie, a young mother of one, dies unexpectedly. She did not have a will. Melanie’s mother, Susan, makes arrangements regarding the funeral and burial. Michael, claims that he was in a de facto relationship with Melanie at the time of her death and that he should have the right to make the arrangements, stating that he wishes for Melanie’s remains to be cremated. Michael makes an urgent application to the Supreme Court, seeking a declaration that he is Melanie’s next of kin and that he has the right to control the “form of disposal [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 1 June 2019. Anna rents a unit for a term of three years. Towards the end of the lease, the landlord becomes aware that Anna is sub-letting the premises through Airbnb. When the term of the lease comes to an end, the landlord issues Anna with a Notice to Vacate, rather than relying on a breach of the lease due to Anna sub-letting the unit. After the landlord takes possession of the unit, it is discovered that Anna has carried out unauthorised alterations and additions to the unit and it is also discovered that there is unreasonable [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 25 May 2019. Michael decides to rent his two-bedroom home to Elizabeth. Michael does not inspect the property for any dangers nor does he retain a builder or handyman to inspect the property. The property has a rear deck that is 1.5 m above the ground. Unbeknown to Michael, the deck railing contains rot, which was not evident from a casual visual inspection, as there was paint covering it. A few days after Elizabeth moves into the property, she leans against the railing and it gives-way. Elizabeth falls onto the concrete path below and severely injures her [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 18 May 2019. Olivia purchases a second-hand vehicle for $5,000. Olivia makes enquiries with a number of insurers in relation to obtaining comprehensive insurance but considers that the premiums are too expensive given the value of the vehicle. Olivia is aware that she obtained third-party personal injury insurance as a condition of the registration of the vehicle and believes that this is sufficient. Unfortunately, Olivia is driving home one evening and fails to see a late model Mercedes-Benz in front of her and collides with the rear of the vehicle. […]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 11 May 2019. Josh, warehouse storeman, severely injures his spine when he lifts a 60kg crate full of electrical components. Josh proceeds through the Workers Compensation process and eventually commences proceedings in the District Court against his employer for negligence. The employer claims they are not liable for negligence because Josh breached their policy against lifting anything above 20kg without assistance, and that Josh knew his actions were unsafe. Josh claims that he and other employees were routinely expected to lift greater weights than 20kg and that he did not know the weight of the crate of [...]

Hypotheticals by Manny Wood Published in the Coffs Coast Advocate on 4 May 2019. Olivia, 23, has been working part-time while studying at high school and university. She has been able to save enough money to purchase her first car. Olivia makes enquiries with her local car yards but finds that the cost of the cars are out of her price-range. Olivia finds a vehicle on Gumtree that is within her budget and she negotiates a sale price of $5300 with a private seller. Olivia inspects the registration papers and the seller’s drivers licence and ascertains that the seller is in fact the current owner of the vehicle. [...]