Bertani v Bertani

The matter in Bertani v Bertani was heard by Justice Mortimer of the Supreme Court of South Australia. The deceased was domiciled in South Australia and died in Perth, Western Australia. The dispute arose between the deceased's daughter, who was appointed as the administrator of the estate, and the deceased's mother, who sought to bury the deceased in Western Australia. The daughter sought orders for the deceased's burial in South Australia and to prevent the burial in Western Australia.

The court was required to determine whether there was a serious question to be tried as to whether the daughter had the priority over the deceased's mother to administer the estate and make decisions about the burial. The court had to consider the deceased's spiritual beliefs and customs, as well as the law relating to the administration of estates. The court also had to balance the rights of the daughter and the mother in making decisions about the deceased's burial.

Justice Mortimer found that there was a serious question to be tried as to whether the daughter had priority over the deceased's mother to administer the estate and make decisions about the deceased's burial. The court found that the deceased's spiritual beliefs and customs were significant in determining the appropriate place of burial. The court also found that the daughter had the priority to administer the estate and make decisions about the deceased's burial. The court granted the daughter's application for an injunction to prevent the burial in Western Australia and ordered that the deceased's body be transported to South Australia for burial.