The Court has before it a Summons and Cross-Summons seeking orders, in the inherent jurisdiction of the Court, granting, to one or other of the parents of a deceased, possession of the deceased’s body in order to carry out funeral arrangements.
This case concerns the rights of the parties to the grave in which the late David Allen Konz, to whom I will refer simply as "David", is buried. The plaintiffs are David's biological parents; the second defendants are his adoptive parents. David died suddenly on 6 or probably 7 March 1996. He was unmarried, but was apparently living in a de facto relationship with a lady named Leanne and he and Leanne produced a daughter, Teliah, who appears to have been born in late 1995. The second defendants also have a daughter, Rachel, who regarded the deceased as her brother as indeed, in law, he was. David was buried in the Lawn Cemetery in Tamworth controlled by the first defendant ("the Council") on 11 March, 1997.
The issues between the remaining parties goes to their respective rights as to the property in the ashes, entitlement to possession of the ashes and directions as to how the ashes should be dealt with.
Application by Minister for the Department of Communities and Social Inclusion seeking orders with respect to disagreement concerning burial of intestate deceased - two applications for funeral assistance made to Minister - deceased of Aboriginal descent - first defendant (putative domestic partner who lives in Ceduna) submitted that deceased should be buried in Coober Pedy, in accordance with traditional beliefs - second defendant (son of the deceased) submitted that deceased should be buried at Port Augusta with his deceased young son and where other children including the second defendant live - relevant considerations to determine place of burial - the body of the deceased presently in the custody of an undertaker awaiting the Court's decision.
the Court ordered that the foster parents of the deceased be allowed to arrange his cremation but that the ashes of the deceased were to be delivered to his natural mother.
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EXECUTORS and ADMINISTRATORS - rights powers and duties - burial - executor in disputed will claimed order establishing that he should arrange funeral and cremation - son of deceased disputed alleged will and contended that funeral should be Russian Orthodox with burial not cremation - on review of strength of plaintiff's claim based on will, alternatively recent marriage ceremony, the Court made an interlocutory direction for the son to make arrangements for funeral.
HIS HONOUR: In this matter the plaintiff seeks orders which will have the effect of giving her the control of the grave of her late husband, Albert Brikha. He died on 20 February 1998 as a result of an unlawful killing. He had no will. His assets, such as he had, were held jointly with his wife who is the plaintiff and, therefore, no grant of administration was required in respect of his estate. On intestacy his widow would, of course, be the person having the highest right to a grant of administration and had there been assets she would have taken the larger part of those assets on intestacy, and perhaps the whole of them.
A dispute over the transfer of burial rights.
A dispute about the estranged husband being denied the right to be buried in the deceased wife's burial allottment. .
This dispute concerns whether Mr Vosnakis or Ms Arfaras should be entitled to exercise the right to nominate the second person who should be buried in a burial plot in Eastern Suburbs Memorial Park in which Ms Helen Vosnakis, Mr Vosnakis’ wife and Ms Arfaras’ daughter, was buried on 25 July 2012. The subject matter of the dispute is a burial licence that permitted two people to be buried in the one grave, which was held by Ms Arfaras at the time of her daughter’s death.