Frail v Shorey & Anor [2021] NSWSC 122

Frail v Shorey & Anor [2021] NSWSC 122

The Plaintiff (mother) should have carriage of the burial arrangements for the deceased children, to be buried in Wellington, as it reflects the time their lives were spent in Wellington, their connection with family and community, and is consistent with the relevant cultural and spiritual considerations, which should be respected where possible.

Jurisdiction
Australia
Judgment Date
24 February 2021
Procedural Posture
Application Regarding Burial Rights / Decision on Application for Carriage of Funeral and Burial Arrangements
Outcome
Application granted for burial arrangements as sought by the Plaintiff; cross-claim and cross-summons dismissed.
Legal Topics
['burial Rights' 'parental Responsibility' 'aboriginal Cultural Considerations' 'funeral Arrangement Disputes']
['succession' 'equity'] ['burial Rights' 'parental Responsibility' 'aboriginal Cultural Considerations' 'funeral Arrangement Disputes']

Case Brief

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Procedural Posture

Application Regarding Burial Rights / Decision on Application for Carriage of Funeral and Burial Arrangements

Legal Issues

  1. 1 ["Whether the mother or father should have carriage of the funeral and custody of the deceased's body" 'Whether the children should be buried or cremated' 'What weight should be given to Aboriginal religious, cultural, and spiritual considerations']

Ratio Decidendi

The Plaintiff (mother) should have carriage of the burial arrangements for the deceased children, to be buried in Wellington, as it reflects the time their lives were spent in Wellington, their connection with family and community, and is consistent with the relevant cultural and spiritual considerations, which should be respected where possible.

Court Disposition

Application granted for burial arrangements as sought by the Plaintiff; cross-claim and cross-summons dismissed.

Orders

  • ['Plaintiff to have carriage of the burial of the deceased children in Wellington.' "Defendant's cross-claim and cross-summons dismissed." 'No order as to costs.']