Taylor v Friday

[2024] QSC 329

SUPREME COURT OF QUEENSLAND

CITATION:

Taylor v Friday [2024] QSC 329

PARTIES:

PHYLIS TAYLOR

(applicant)
v
KIMBERLEY FRIDAY
(respondent)

FILENO/S:

BS 668 of 2024

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATINGCOURT:

Supreme Court of Queensland at Brisbane

DELIVEREDON:

20 December 2024 (delivered ex tempore)

DELIVEREDAT:

Brisbane

HEARINGDATE:

20 December 2024

JUDGE:

Treston J

ORDER:

Application is dismissed

CATCHWORDS:

ABORIGINAL AND TORRES STRAIT ISLANDER PEOPLES – BURIAL RIGHTS – SIGNIFICANCE OF ABORIGINAL CULTURAL, SPIRITURAL AND

RELIGIOUS BELIEFS – where Aboriginal deceased died intestate survived by wife and children – where there was a dispute as to location of funeral and burial – whether spouse or mother of deceased should have carriage and control of arrangements

SUCCESSION – PERSONAL REPRESENTATIVES – RIGHTS, POWERS AND DUTIES – DISPOSAL OF BODY

–   FUNERAL AND BURIAL – ABORIGINAL CULTURAL

CONSIDERATIONS – where Aboriginal deceased died intestate survived by wife and children – where the estate was small and letters of administration unlikely to be taken out – where there was a dispute as to location of funeral and burial –

–   whether spouse or mother of deceased should have carriage and control of arrangements – whether appropriate to adopt flexible balancing of common law principles with practical considerations while taking into account indigenous cultural and spiritual factors of importance

Uniform Civil Procedure Rules 1999 (Qld), r 610

Coroners Act 2003 (Qld), s 26(3)

Accoom v Pickering (2020) 6 QR 640
Johnson v George [2019] 1 Qd R 333
Jones v Dodd (1999) 205 LSJS 105; [1999] SASC 458
Laing v Laing [2014] QSC 194
Roma v Ketchup [2009] QSC 442

COUNSEL:

T Feeney for the applicant Respondent self-represented

SOLICITORS:

Matthew Jones Lawyer & Notary for the applicant

1. Ricky John Morris died on 5 November 2024. He was aged 37 years. He is survived by his wife, Kimberley Friday, the respondent to these proceedings, and his four infant children. He is also survived by his mother, Phyllis Taylor, the applicant to these proceedings, his younger sister and broader family members. A dispute has arisen over who is entitled to bury the deceased’s body. This dispute centres around the location at which the body is to be buried. The matter was heard in Applications Court and it is necessary to be decided promptly.

1. I can do no better at the outset than to adopt the wording of Doyle CJ in the matter of

   Jones v Dodd¹ who said this:

   “Sadly, the problem before me is really insoluble in one sense. It is impossible in any realistic sense to weigh the competing claims and arrive at what one would truly call a legal judgment. I understand and respect the wishes and beliefs of the plaintiff and of the defendant. There is no solution or compromise available to me that will satisfy each side. I can only make a decision and indicate my regret that it will cause pain to the unsuccessful party.”

1. The applicant, Ms Taylor, brings the application that she be entitled…