SUPREME COURT OF QUEENSLAND
CITATION: Johnson v George [2018] QSC 140 PARTIES: TREVOR BAINES JOHNSON
(applicant)
v
CHRISTINE GEORGE
(respondent)FILE NO/S: SC No 451 of 2018 DIVISION: Trial Division PROCEEDING: Application ORIGINATING
COURT:
Supreme Court at Townsville DELIVERED ON: 14 June 2018 DELIVERED AT: Townsville HEARING DATE: 12 June 2018 JUDGE: North J ORDERS: 1. Pursuant to section 6 of the Succession Act 1981 (Qld);
a) The body of Arthur Charles Johnson (the deceased) be released to the Applicant, Trevor Baines Johnson, for the purpose of a funeral at Townsville and subsequent burial at Charters Towers, Queensland; and
b) The Applicant be responsible for the arrangements for the funeral and burial but it is directed that the body of the deceased be present at the funeral.
2. The Applicant be entitled to withdraw from bank account number 41624998 held in the name of Arthur Charles Johnson or “A C Johnson” with the Queensland Country Credit Union the sum of $8,000.00 for the purpose of paying the funeral expenses of Arthur Charles Johnson and that the Applicant repay to the said account any part of the sum of $8,000.00 which is not genuinely incurred in relation to those funeral expenses.
3. The Applicant be entitled to withdraw from bank account number 41624998 held in the name of Arthur Charles Johnson or “A C Johnson” with the Queensland Country Credit Union the sum of $304.70 to reimburse himself for filing fees paid to the Supreme Court of Queensland on account of filing fees in this proceeding.
4. Otherwise, there be no order as to costs.
CATCHWORDS:
SUCCESSION – PERSONAL REPRESENTATIVES – RIGHTS, POWERS AND DUTIES – DISPOSAL OF BODY – burial rights – dispute between siblings – significance of Aboriginal cultural, spiritual and religious reliefs – ascertaining relevant circumstances
ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – OTHER MATTERS – burial rights – significance of Aboriginal cultural, spiritual and religious reliefs
LEGISLATION:
Succession Act 1981 (Qld), s 6
Uniform Civil Procedure Rules 1999 (Qld), r 610
CASES:
Darcy v Duckett [2016] NSWSC 1756, applied
Doherty v Doherty & Anor [2006] QSC 257, cited
Frith v Schubert & Anor [2010] QSC 444, cited
Jones v Dodd [1999] SASC 125, cited
Keller v Keller (2007) 15 VR 667, cited
Laing v Laing [2014] QSC 194, cited
Roma v Ketchup [2009] QSC 442, cited
South Australia v Smith [2014] SASC 64, applied
COUNSEL:
M Jones for the applicant, appearing pro bono
The respondent appeared in person
SOLICITORS:
Direct access brief for the applicant
Introduction
NORTH J: The applicant seeks orders pursuant to s 6 of the Succession Act 1981 (Qld) that the body of his father[1] be released to him for the purposes of funeral and subsequent burial at Charters Towers, Queensland. The applicant also seeks an order entitling him to withdraw a sum of…
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- AGLC
- Johnson v George [2018] QSC 140
- Case
- [2018] QSC 140
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether the applicant had the right to bury the deceased in a manner consistent with Aboriginal cultural, spiritual, and religious beliefs. The court had to determine the significance of these beliefs in ascertaining the relevant circumstances and the wishes of the deceased. Additionally, the court needed to consider the applicant's entitlement to withdraw funds from the deceased's bank account to cover funeral expenses.
The court found that the applicant was entitled to bury the deceased in accordance with Aboriginal cultural, spiritual, and religious beliefs. The court acknowledged the importance of these beliefs in ascertaining the relevant circumstances and the wishes of the deceased. The court also granted the applicant's request to withdraw funds from the deceased's bank account to cover funeral expenses, subject to the applicant repaying any unexpended amount. The court did not make any orders as to costs.
In summary, the court ruled in favour of the applicant, Trevor Baines Johnson, allowing him to bury his brother in accordance with Aboriginal cultural, spiritual, and religious beliefs. The court also granted the applicant's request to withdraw funds from the deceased's bank account to cover funeral expenses, subject to certain conditions.
Orders
Orders of the court
1. Pursuant to section 6 of the Succession Act 1981 (Qld);
a) The body of Arthur Charles Johnson (the deceased) be released to the Applicant, Trevor Baines Johnson, for the purpose of a funeral at Townsville and subsequent burial at Charters Towers, Queensland; and
b) The Applicant be responsible for the arrangements for the funeral and burial but it is directed that the body of the deceased be present at the funeral.
2. The Applicant be entitled to withdraw from bank account number 41624998 held in the name of Arthur Charles Johnson or “A C Johnson” with the Queensland Country Credit Union the sum of $8,000.00 for the purpose of paying the funeral expenses of Arthur Charles Johnson and that the Applicant repay to the said account any part of the sum of $8,000.00 which is not genuinely incurred in relation to those funeral expenses.
3. The Applicant be entitled to withdraw from bank account number 41624998 held in the name of Arthur Charles Johnson or “A C Johnson” with the Queensland Country Credit Union the sum of $304.70 to reimburse himself for filing fees paid to the Supreme Court of Queensland on account of filing fees in this proceeding.
4. Otherwise, there be no order as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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