The Law Courts in Victoria

[GoldenSky]

Can anyone with more knowledge of the Victorian legal system (I'm in WA) please explain what is happening in the Victorian legal system? I opened this news article today and read it mouth wide open.

Woman overturns will to force parents to pay for reassignment surgery

A trans woman who waged a decades-long battle with her conservative Jewish Orthodox parents to compel them to pay for her gender reassignment surgery has won a multimillion-dollar payout from her deceased father’s estate.

Jessica Joss was awarded $3.225 million by Victorian Supreme Court judge Elizabeth Hollingworth despite not being a named beneficiary in her father’s will and a foiled plot by Ms Joss to kill her father with a crossbow during a bar mitzvah celebration at her parents' synagogue.

Justice Hollingworth also made specific provision in her judgment that the estate will provide $100,000 for Ms Joss' gender reassignment surgery, the procedure her father had refused to fund his entire life. She also pointed out that some of Ms Joss’ behaviour seemed to be motivated by, or at least indifferent to, the hurt it caused her parents.

Woman overturns will to force parents to pay for reassignment surgery

A trans woman who waged a decades-long battle with her conservative Jewish Orthodox parents to compel them into paying for her gender reassignment surgery has won a multimillion-dollar payout from her deceased father’s estate.

www.watoday.com.au

 

[Caesar]

There is an accepted principle in Australian estates law (not exclusive to Victoria) that deceased persons have a moral duty to provide for people left behind who were reliant on them financially.

I have not read the detail of the case, but the article makes it pretty clear that the appellant falls into that category. She is nearing old age, appears to suffer from a host of psychological issues, and has been financially dependent on her weekly allowance for many years. Even on the face of it, she seems essentially unemployable. To leave her with nothing whilst the wife gets $12M is a very strong grounds to challenge the will.

The rest of details that the article focuses on aren’t particularly germane to the law of the matter. Regardless of the relationship between the father and daughter, he accepted the responsibility of supporting her during his lifetime. That responsibility extends beyond his death.

All round, it is a very sad story. I would wager the father’s intention was that the estate would pass into the control of his wife, who would continue paying the allowance to the daughter – either out of a desire to maintain parental control over her, concern for her financial irresponsibility, or some combination of the two. Unfortunately the daughter had better lawyers than he did.

Minus the salacious details, it is not an uncommon scenario. Rich parents, messed up children, and the former using money to control the latter are a dime a dozen.

 

[Gethelred]

Can anyone with more knowledge of the Victorian legal system (I'm in WA) please explain what is happening in the Victorian legal system? I opened this news article today and read it mouth wide open.

Woman overturns will to force parents to pay for reassignment surgery

A trans woman who waged a decades-long battle with her conservative Jewish Orthodox parents to compel them to pay for her gender reassignment surgery has won a multimillion-dollar payout from her deceased father’s estate.

Jessica Joss was awarded $3.225 million by Victorian Supreme Court judge Elizabeth Hollingworth despite not being a named beneficiary in her father’s will and a foiled plot by Ms Joss to kill her father with a crossbow during a bar mitzvah celebration at her parents' synagogue.

Justice Hollingworth also made specific provision in her judgment that the estate will provide $100,000 for Ms Joss' gender reassignment surgery, the procedure her father had refused to fund his entire life. She also pointed out that some of Ms Joss’ behaviour seemed to be motivated by, or at least indifferent to, the hurt it caused her parents.

Woman overturns will to force parents to pay for reassignment surgery

A trans woman who waged a decades-long battle with her conservative Jewish Orthodox parents to compel them into paying for her gender reassignment surgery has won a multimillion-dollar payout from her deceased father’s estate.

www.watoday.com.au

I have a question. What about the above is any of your business?

 

[Aramis]

Firstly, abhorrently poor journalism. Misrepresenting of the facts and an incredibly sensationalist headline.

I have a question. What about the above is any of your business?

A public article, written about a publicly available court decision, regarding the application of laws that in reality could affect members of the public.

What part isn't his business?

 

[Gethelred]

Firstly, abhorrently poor journalism. Misrepresenting of the facts and an incredibly sensationalist headline.



A public article, written about a publicly available court decision, regarding the application of laws that in reality could affect members of the public.

What part isn't his business?

She has pretenses towards being a libertarian. As a libertarian, she should hold the perspective that it isn't for the government to decide what someone does with their money.

 

[Opine]

I have a question. What about the above is any of your business?

Geth, your response, above, must be an example of that miscommunication you referred to the other day?

 

[Opine]

Firstly, abhorrently poor journalism. Misrepresenting of the facts and an incredibly sensationalist headline.



A public article, written about a publicly available court decision, regarding the application of laws that in reality could affect members of the public.

What part isn't his business?

Agreed. But in fairness, and at risk of incorrectly inferring what Geth was intending by his response, I think he was suggesting that her choice, as distinct from the decision and it’s basis, shouldn’t be subject to public question.

 

[Aramis]

Agreed. But in fairness, and at risk of incorrectly inferring what Geth was intending by his response, I think he was suggesting that her choice, as distinct from the decision and it’s basis, shouldn’t be subject to public question.

Pure speculation given the content of the posts in question. In the instance you're right; Geth has jumped the gun, no one even mentioned 'her choice', albeit I accept the inference was readily available.

It is, without doubt, a bizarre article/case.

 

[Snake_Baker]

Can anyone with more knowledge of the Victorian legal system (I'm in WA) please explain what is happening in the Victorian legal system?

Victoria is a latent totalitarian state. It's mild in it's application, but extreme in it's defence.

This example is at the crux of the farcical legal defence situation in Victorian law, and highlights the impotence that Victorian citizens have as defendents in this state. The state protects its agents against the people with walls of legislation which have no other purpose other than to protect the position of state agents.

I asked to see the PSO footage of me. What I got was Kafka's The Trial

Those body-worn cameras are supposed to be for our protection as well as the use of police and PSOs. But good luck trying to get access to the footage.

www.theage.com.au

 

[utility]

Victoria is a latent totalitarian state. It's mild in it's application, but extreme in it's defence.

This example is at the crux of the farcical legal defence situation in Victorian law, and highlights the impotence that Victorian citizens have as defendents in this state. The state protects its agents against the people with walls of legislation which have no other purpose other than to protect the position of state agents.

I asked to see the PSO footage of me. What I got was Kafka's The Trial

Those body-worn cameras are supposed to be for our protection as well as the use of police and PSOs. But good luck trying to get access to the footage.

www.theage.com.au

Corinna Horvath case pretty much sums up the system!

I was assaulted by two PSOs in a court once. Raised a complaint to IBAC, was referred to the ethics division (or whatever it was called) of Vic Pol. Took a year to be interviewed, said they wouldn't do anything due to lack of evidence (cameras were in the foyer but not in the actual court room), even with witnesses and photographic evidence with a doctor's statement of the assault. One of the PSOs refused to identify himself and even took his name badge off - which is an offence. Nothing done. Oh, and a friend was arrested for failing to identify himself even when he did (and assaulted in the process)! They eventually let him go after the police questioned him and was never charged.

The kicker that people should know - all criminal matters are in the name of the Regent (i.e., R v.) so all criminal complaints can be taken over by the OPP/DPP and then they can drop the complaint if they choose to. You cannot criminally charge state agents as they can always take over the case and make it disappear. The only way to deal with them is via civil proceedings. Good luck with that unless you have very good lawyers who are not intimidated by the state (all lawyers are officers of the Supreme Court... can only serve one master).

 

[Snake_Baker]

same old, same old.

The legal system is their plaything.