Carly White v Candice Williams [2019] NSWSC 437

Carly White v Candice Williams [2019] NSWSC 437

The Plaintiff was found to be the Deceased’s de facto partner, and/or his children were determined as next of kin eligible to arrange his burial. The Court balanced cultural, spiritual, and practical factors, including evidence of urban Aboriginal community ties and the importance of grave visitation for children. The Plaintiff’s entitlement prevailed, and the Deceased’s burial in Sydney was confirmed.

Parties
Plaintiff: Carly White; Defendant: Candice Williams
Jurisdiction
Australia
Judgment Date
17 April 2019
Procedural Posture
Burial Rights Dispute / Final Hearing in Equity – Determination of Entitlement to Arrange Burial of Deceased
Outcome
Declaration that Plaintiff (and/or Deceased’s children) is entitled to arrange burial of the Deceased in Sydney; no order as to costs.
Legal Topics
Intestacy, Burial Rights, Aboriginal Cultural and Spiritual Beliefs, De Facto Relationships, Rights of Next of Kin
Equity Succession Law Intestacy Burial Rights Aboriginal Cultural and Spiritual Beliefs De Facto Relationships Rights of Next of Kin

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Parties

Carly White

Plaintiff

Candice Williams

Defendant

Procedural Posture

Burial Rights Dispute / Final Hearing in Equity – Determination of Entitlement to Arrange Burial of Deceased

Legal Issues

  1. 1 Who is entitled to arrange the burial of the Deceased under intestacy
  2. 2 Whether the Plaintiff was the Deceased’s de facto partner at death
  3. 3 Significance of Aboriginal cultural, spiritual, and religious beliefs to burial

Ratio Decidendi

The Plaintiff was found to be the Deceased’s de facto partner, and/or his children were determined as next of kin eligible to arrange his burial. The Court balanced cultural, spiritual, and practical factors, including evidence of urban Aboriginal community ties and the importance of grave visitation for children. The Plaintiff’s entitlement prevailed, and the Deceased’s burial in Sydney was confirmed.

Court Disposition

Declaration that Plaintiff (and/or Deceased’s children) is entitled to arrange burial of the Deceased in Sydney; no order as to costs.

Orders

  • Plaintiff entitled to arrange for burial of the Deceased at La Perouse/Botany Cemetery, Sydney
  • No order as to costs