Milson v Milson [2020] NSWSC 919

Supreme Court New South Wales

Medium Neutral Citation: Milson v Milson [2020] NSWSC 919 Hearing dates: 2, 3 July 2020 Decision date: 20 July 2020 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See [85]-[87] Catchwords: SUCCESSION – burial rights – whether wife or mother should have carriage of the funeral and custody of the deceased's body – burial or cremation – consideration of deceased's identification as Aboriginal man of Wiradjuri culture – where deceased had separated but not divorced from his wife – where deceased's and deceased's children's wishes were that he be cremated Legislation Cited: Cemeteries and Crematoria Act 2013 (NSW) Probate and Administration Act 1898 (NSW) Succession Act 2006 (NSW) Cases Cited: In the Estate of Jones (Deceased); Dodd v Jones (1999) 205 LSJS 105; [1999] SASC 458 Noa Nayacakalou v Raeleen Vincent [2020] NSWSC 24 Reece v Little [2009] WASC 30 State of South Australia v Smith [2014] SASC 64 White v Williams (2019) 99 NSWLR 539 Texts Cited: n/a Category: Principal judgment Parties: Julie Milson (plaintiff/first cross defendant) Elisha Milson (first defendant/first cross claimant) Deputy State Coroner Derek Lee (second defendant/second cross defendant) Christopher Anderson-Milson (second cross claimant) Representation: Counsel: D P O'Connor (plaintiff/first cross defendant) D M Roberts (first defendant/first cross claimant)