Lindsay Ellison SC

Called to the Bar in 1985

Contact

[Phone] 0292313133
[Fax] 0292334164
[Email] clerk@16wardell.com.au

Areas of Practice

 

 

Appointed as Senior Counsel September 2005


 

Qualifications:

 

Bachelor of Laws (Sydney University)

Bachelor of Economics (Sydney University)

Accredited Mediator pursuant to Australian National Mediation Standards (2008)


 

Memberships:

 

Australian Academy of Forensic Sciences (Secretary-General 2005 – 2007, Councillor 2009-2011)

Australian and New Zealand Forensic Science Society

Australian Skeptics

Sydney Institute

Centre for Independent Studies

 

Previous occupation or roles:

 

Solicitor (1983 – 1985)

Broadcaster 2NBC – FM (1983 – 1989)

 

Papers/CLE:

 

Regular lecturer on succession and probate to CLE conferences

Annual guest lecturer on “Ethical and Other Considerations of Being an Expert Witness: Forensic Anthropology Course, Department of Anthropology and History, Sydney University

 

Particular Cases:

 

Springfield v Brown (1991) 23 NSWLR 535 (first consideration of s 18A of the Wills Act)

Troja v Troja (1994) 33 NSWLR 269 (which led to the enactment of the Forfeiture Act)

Palmer v Blue Circle Southern Cement Ltd (1999) 48 NSWLR 318 (involving unjust enrichment and the defence of change of position)

Uniting Church v Legge (2002) 59 NSWLR 293 (costs in Compensation Court proceedings)

Public Trustee v AM Hoipo Pty Ltd (1999) 29 NSWLR 232 (the role of the Public Trustee in Compensation Court proceedings)

Police Service v Honeysett (2001) 53 NSWLR 592 (which contradicted the common law principle that police officers were not “employees”)

Hughes v Hunters Hill Council (1992) 29 NSWLR 232 (concerning council misfeasance and trees in footpaths)

Marshall v Carruthers [2002] NSWCA 47 (the status of a de facto spouse under the Family Provision Act)

Ryan v Kazacos [2001] NSWSC 140 (can a suicide note be a s 18A will)

Re R [2000] NSWSC 886 (Protective Division and powers of attorney)

Straede v Eastwood [2003] NSWSC 280 (on the relevant evidence and principles of Forfeiture Act claims)

Public Trustee v Fitter [2005] NSWSC 1188 (the effect of amendments to the Forfeiture Act whereby acquitted killers may be subject to the Forfeiture Rule)

Becker v Public Trustee [2006] NSWSC 76, 1146; [2007] NSWCA 136, 194 (undue influence and fraud in probate)

Nicholls v Hall [2007] NSWCA 356 (adult children and family provision)

Costa & Anor v Public Trustee [2008] NSWCA 223 (can a suicide note be a will and the role of an appellate court in applying facts found at trial)