CASE: Victorian Legal Services Board v Berry [2024] VSC 778

There must be some serious misconduct for a solicitor to have their name removed from the Roll of Legal Practitioners held by the Supreme Court.

In this case, Ms Elise Berry's conduct as a family lawyer was so egregious that in 2022 her licence to practice law was cancelled.

She took no notice of that and continued to practice anyway, resulting in proceedings in 2024 to have her name struck from the Roll of Legal Practitioners.

This case looks at only a few examples of Elise Berry's misconduct which included:

a. forging emails, loan agreements, and court orders;

b. lying to her clients and failing to follow instructions; and

c. misappropriating client funds.

Her conduct and commitment to deception was almost too outrageous to believe.

Thank you to Barrister Sarah Carr for this fascinating case recommendation! This case was so mind-blowing to me that I had to share it as soon as I finished editing the episode.

CASE: Moradi v Comcare [2024] FCA 812

Yasmin Moradi was an employee of the Translation Interpretation Service (TIS) within the Department of Home Affairs as a Farsi (Persian) interpreter for periods of various lengths and in different locations.

Moradi's last deployment was cut short one-month early because of the lack of need for Farsi interpreters.

Moradi sought compensation for psychological injuries sustained as a result of the early termination.

Comcare denied liability. Moradi appealed that decision.

CASE: Re Pacella [2019] VSC 170 It is not uncommon to include a provision in your Will that sets out how you would like your physical remains disposed of and your idea of an appropriate resting place.

Some requests, however, can be quite extravagant and outlandish.

Francesco Pacella wanted a family crypt. A large crypt that could fit 20 coffins, to be built in a cemetery in Italy.

He left $200,000 in his Will to be used for this purpose and tasked his nephew Emidio with the job of building the crypt.

Was such a provision legally enforceable?

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.

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.

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?

CASE: Badman v Drake [2008] NSWSC 1366

Dorothy Badman was 87 years old when she gave $345,000 to her hairdresser and friend Judith Drake.

Judith and her husband were about to lose their home. Dorothy agreed to give them the money and in exchange, she would live with there and escape the dreaded nursing home.

Before transferring the money, both Dorothy and Judith got legal advice from their own solicitors. The solicitors wanted to structure the transaction in such a way that it protected Dorothy's interest in the property.

The Drakes decided that the solicitors were only slowing things down. They were fired and the transfer went ahead in quick time.

Not long later and Dorothy was applying to the court to get her money back.

CASE: Leary v NSW Trustee and Guardian [2017] NSWSC 1113

Colleen Pidcock's Will left her estate to be divided equally between her 4 children... subject to the money they owed her.

Her son John Leary owed her $551,541. This was the amount of money that Colleen spent on John's legal fees from that time 8 years earlier when John had kidnapped his 3 year old daughter, absconded overseas, and tried to ransom the child back to her mother.

John was claiming that he never agreed to pay his mother back for the legal fees and he was actually wanting more of his mother's estate.