Szabo & Associates News & Updates

Background

The Supreme Court of Western Australia recently considered an unusual situation, the first of its kind in Australia. The case involved Brent Mack who, in 2012, had been convicted of his mother’s murder and is currently serving a lengthy custodial sentence. At the time of his conviction, the judge found that his main motive was access to his mother’s money. Ms Mack left no Will, so under the State’s intestacy laws, her estate would normally go to her two sons equally, meaning Brent and his brother Adrian Mack would benefit. However, under the Rule of Forfeiture a person cannot benefit from an estate where they are responsible for the death, and so Brent forfeited his share. The Forfeiture Rule is based on the principle that it is against public policy to allow a criminal to claim a benefit by virtue of his or her crime.

The number of children being adopted in Australia appears to be on the rise after experiencing a long-term downward trend. 

Following the nation’s vote in favour of the introduction of same-sex marriage, the bill that will introduce the necessary provisions into law has now been approved by the Senate, reports news.com.au. The same-sex marriage bill will now pass to the House of Representatives for a vote, which is expected to take place next week. 

Background

A prenuptial agreement (“prenup”) is a form of Binding Financial Agreement (BFA) setting out how the assets and liabilities would be divided if a relationship, marriage or de facto, breaks down. They can be made before or during the relationship and normally avoid the Family Court from becoming involved if the relationship falters.

Background

Wrongful birth is a term used by the courts for a claim by the parents of a child where the child is born as a result of negligent treatment or advice. The expression is misleading in that it is the negligent act or omission of the medical practitioner that is wrongful and not the birth. The two main broad categories of such a claim are: failed sterilisation/vasectomy; and failure to warn about a specific disability. Damages may be paid for the physical and emotional pain of pregnancy but when it comes to compensation for the cost of bringing up a healthy child, it depends on the common law jurisdiction. In England, for example, following decisions in the House of Lords, no compensation is payable, which is in contrast to parts of Australia. However, an unusual case in England has led to calls for a review of the law there. The case involves possibly the first wrongful birth claim founded on breach of contract by an IVF clinic rather than clinical negligence.