By Darryl Browne -
Key decisions
- Matouk v Matouk (No 2) [2015] NSWSC 748
- Shuetrim v FSS Trustee Corporation [2015] NSWSC 464
- Church v Mason [2013] NSWCA 481
- D14-15\213 [2015] SCTA 73
- Calvert v Badenach [2015] TASFC 8
- Gordon Salier v Robert Angius [2015] NSWSC 853
- Carey v Carey [2015] QSC 197
- Fast v Rockman [2015] VSC 337
- Application of Mary-Anne Lukic [2015] NSWSC 822
- Snow v Snow [2015] NSWSC 90 and Yesilhat v Calokerinos [2015] NSWSC 1028
- Re Estate of Wai Fun Chan, Deceased [2015] NSWSC 1107
Awareness of elder abuse
Matouk v Matouk (No 2) [2015] NSWSC 748 involved the resolution of a mother’s complaint that two of her children fraudulently procured the transfer to them of her sole asset, her home. The mother did not speak or understand English. She signed the transfer for the home in the presence of a solicitor who spoke to her in English. Her daughter, who was one of the defrauding children, told her mother that she was signing a power of attorney. The true nature of the document was not explained to her. The same solicitor acted for the mother’s son, the other defrauding child, when the mother lodged a caveat on the title to the home. 15 June 2015 was World Elder Abuse Awareness Day. This decision highlights the care needed to ensure that solicitors are not unwitting parties to elder abuse. That care includes identifying the client, meeting the client in the absence of other interested persons, and ensuring that the client understands the advice provided.
