domestic relationship
1: Mohamed v Mohamed [2012] NSWSC 852 | July 31, 2012
Court or Tribunal: Supreme Court of NSW
Catchwords: Binding Financial Agreement, Binding Financial Agreement, Contract, Divorce, Dowry, Pre-Nuptial Agreement, Property, Sharia Law
Judges: Harrison AsJ
Background: The plaintiff and defendant had been married under Islamic law but not under Australian Law. A pre-marital contract signed by both contained a clause whereby the plaintiff was to pay defendant $50,000 in the event that the plaintiff initiated "separation and/or divorce". The Magistrate found that the contract was enforceable. This Local Court decision was appealed to the Supreme Court.
[Legal Issue]This decision from the Local Court was appealed to the Supreme Court to determine whether there was an error of law, a jurisdictional error, and whether the pre-marital contract against public policy.
[Court Orders]The appeal against the original decision of the Local Court, which found that the contract was enforceable, was dismissed.
Catchwords: Binding Financial Agreement, Binding Financial Agreement, Contract, Divorce, Dowry, Pre-Nuptial Agreement, Property, Sharia Law
Judges: Harrison AsJ
Background: The plaintiff and defendant had been married under Islamic law but not under Australian Law. A pre-marital contract signed by both contained a clause whereby the plaintiff was to pay defendant $50,000 in the event that the plaintiff initiated "separation and/or divorce". The Magistrate found that the contract was enforceable. This Local Court decision was appealed to the Supreme Court.
[Legal Issue]This decision from the Local Court was appealed to the Supreme Court to determine whether there was an error of law, a jurisdictional error, and whether the pre-marital contract against public policy.
[Court Orders]The appeal against the original decision of the Local Court, which found that the contract was enforceable, was dismissed.
2: Taisha & Peng and Anor [2012] FamCA 385 | May 24, 2012
Court or Tribunal: Family Court of Australia
Catchwords: De Facto Relationships, Perjury, Relationships, s121
Judges: Cronin J
Background:
[Legal Issue]
[Court Orders]
Catchwords: De Facto Relationships, Perjury, Relationships, s121
Judges: Cronin J
Background:
[Legal Issue]
[Court Orders]
3: Ye v Fung (No 3) [2006] NSWSC 635 | June 26, 2006
Court or Tribunal: Supreme Court of NSW
Catchwords: Domestic relationship, Estate Planning, Failure of testatrix to make provision, Family Provision, Requirement of Adequate Maintenance, Succession
Judges: Gzell J
Background: This case considered the issue of family provisions and whether or not a young student who was living in a domestic relationship with an elderly woman was entitled to claim against the estate. Michael Ye, the plaintiff, came to Australia from China to study. Frances Lan Fong Fung (the deceased) was separated from her husband, and invited Mr Ye to move into her unit where he lived in a non-sexual relationship with her. She was 37 years his senior. Frances Lan Fong Fung died on 21 June 2001. In her Will, Frances Lan Fong Fung made no provision for Mr Ye. Mr Ye made a claim against the estate, claiming that he was entitled to a certain sum because he had formed a domestic relationship with the deceased.
[Legal Issue]Richard Neil, a solicitor and member of NSW Law Society's elder law and succession committee, said the judge was carrying out changes made by State Parliament in 1999 to the Property (Relationships) Act, which introduced the definition of domestic relationships.
He said while the case of the boarder was one that "doesn't arise terribly frequently", it was a warning to elderly people who shared their home and were "getting in-kind domestic help that they can't afford".
He said while a paying boarder would not normally have a claim, if the elderly person had concealed those payments in order to continue their pension entitlement, the estate was vulnerable. And if someone took in a friend who was down on their luck, and died while the person was living rent-free with them, their estates
[Court Orders]Boarder Michael Ye was awarded $425,000, and forgiven a $22,000 debt he owed Frances Lan Fong Fung, who had taken the Chinese student into her home in 1990. Until Ms Fung's death in 2001, Mr Ye lived in the second bedroom and paid no board.
Catchwords: Domestic relationship, Estate Planning, Failure of testatrix to make provision, Family Provision, Requirement of Adequate Maintenance, Succession
Judges: Gzell J
Background: This case considered the issue of family provisions and whether or not a young student who was living in a domestic relationship with an elderly woman was entitled to claim against the estate. Michael Ye, the plaintiff, came to Australia from China to study. Frances Lan Fong Fung (the deceased) was separated from her husband, and invited Mr Ye to move into her unit where he lived in a non-sexual relationship with her. She was 37 years his senior. Frances Lan Fong Fung died on 21 June 2001. In her Will, Frances Lan Fong Fung made no provision for Mr Ye. Mr Ye made a claim against the estate, claiming that he was entitled to a certain sum because he had formed a domestic relationship with the deceased.
[Legal Issue]Richard Neil, a solicitor and member of NSW Law Society's elder law and succession committee, said the judge was carrying out changes made by State Parliament in 1999 to the Property (Relationships) Act, which introduced the definition of domestic relationships.
He said while the case of the boarder was one that "doesn't arise terribly frequently", it was a warning to elderly people who shared their home and were "getting in-kind domestic help that they can't afford".
He said while a paying boarder would not normally have a claim, if the elderly person had concealed those payments in order to continue their pension entitlement, the estate was vulnerable. And if someone took in a friend who was down on their luck, and died while the person was living rent-free with them, their estates
[Court Orders]Boarder Michael Ye was awarded $425,000, and forgiven a $22,000 debt he owed Frances Lan Fong Fung, who had taken the Chinese student into her home in 1990. Until Ms Fung's death in 2001, Mr Ye lived in the second bedroom and paid no board.