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  • $20 Million Class Action Ruling for “Obit Piracy” in Canada Puts U.S. Companies at Risk

    The Connecting Directors site has a story about  a class action lawsuit ruled against Afterlife Network Inc. for “obituary piracy.” The $20 million ruling goes against the Canadian obituary website accused of posting the obits and images of deceased individuals without the permission of families with the intention to sell paid advertisements.

    “Anybody else in the future who copies an obituary and puts it on a website ought to expect that a claim could be brought against them,” warned Erin Best, the civil litigator based in St. John’s, N.L who took on the Afterlife case.

  • 25-year lease of burial spaces under review

    The Sydney Morning Herald reports plans to introduce shorter-term leases of 25 years on graves in NSW with the option of renewing for a maximum of 99 years - or buying the rights to a burial site forever -  could face further delays as they come under fresh scrutiny.

  • CCA Members Alert - Christine Smyth Legal Q & A

    Christine SmythAt the October 2016 CCA Kingscliff Conference, Christine Smyth, Partner, Manager Inheritance Law Division, Robbins Watson Solicitors, presented a paper on the recent developments in funeral disputes that may affect NSW practitioners.

    Christine has followed up with a "Q&A" on interment rights, the continuing relevance of the Smith v Tamworth City Council decision, the Cemeteries & Crematoria Act and the Public Health Regulation. CCA Members can access the document in the Members Only section once they have logged in there.

    Q & A Document

  • CCA NSW - FAQs and Response to Practical Scenarios

    A series of answers on common questions about burial rights and licenses under the Cemeteries & Crematoria Act (NSW) have been provided by Christine Smyth from Robbins Watsons Solicitors.

    Once logged in CCANSW members and their delegates are able to access the advice in the CCANSW's Members Only nline document storage.

  • CCANSW publishes answer guide to members' legal questions

    The two recent conference presentations by Christine Smyth, of Robbins Watson Solicitors and the commencement of Part 4 (Interment rights) of the Cemeteries and Crematoria Act 2013, have prompted some members to think more closely about how they should interpret the Act and Regulations.

  • Christine Smyth opens new estate law practice

    Many CCANSW members will know Christine Smyth, who in her presentations to conferences and contributions to the  CCANSW Legal QandA has opened our eyes to the complexities of estate law. We were pleased to hear  that Christine has now opened her own practice, which she modestly describes as a boutique estate law practice:

  • Griffith (NSW) community meets to discuss Council's ornament policy

    griffiths cemetery nsw

    The Daily Advertiserin Griffith, NSW, reports about 40 residents attended a community meeting at Griffith Leagues Club on Monday night to have their say on Griffith City Council’s controversial cemetery ornament removal policy.

  • Griffith law firm says council notices at cemetery misleading, council amends notices

    griffiths cemetery nswThe Area News in  Griffith (NSW) reported that a  law firm has slammed council’s blanket prohibition of ornaments at the city’s cemetery, labelling its notices “misleading” and casting further doubt on the legality of the ban.

  • Legal opinion Disclaimer

    The answers to questions are legal opinions obtained by the Cemeteries & Crematoria Association of New South Wales (CCANSW) from Robbins Watson Solicitors, and are subject to the following disclaimer and copyright.


    This publication is provided in good faith and is for general information purposes only. This publication does not constitute legal advice, and must not be relied upon. You should seek professional legal advice in relation to matters arising out of the publication. No warranty or representation regarding the reliability, quality or accuracy of any information in this publication is given by Robbins Watson or the authors of the publication.

    Robbins Watson Solicitors

    © Copyright Robbins Watson Solicitors, September 2018.

     {jcomments off}

  • NSW Supreme Court orders cremation and division on ashes

    The Sydney Morning Herald reports about Pono Aperahama, who died in tragic circumstances at Lambton swimming pool in Newcastle on October 17, 2017. For almost two months the body of the disabled teenager has remained with the State coroner in Newcastle while his family  waged a bitter war over  the remains.

  • Questions, with answers based on legal opinion now available to members

    The CCANSW has obtained answers by legal opinions on forty frequently asked questions cemetery & crematoria administrators have raised in relation to the Cemeteries & Crematoria Act NSW 2013.  The legal opinions,  provided by Robbins Watson Solicitors, are now available on the website for the benefit of CCANSW financial members, their delegates and allied status colleagues.

  • The Law Handbook 2017 (VIC) - Burial, cremation and donation of remains

    While the Industry surrounding death is all about conventions, everything from hiring a hearse to purchasing a coffin, few of these conventions are required by law and, knowing which are and which most definitely are not can save you and your estate a lot of money.

  • VIC: families consider legal challenge over removal of mementos from gravesites

    Hamilton Cemetery VictoriaAccording to an article on the ABC's news website, grieving families are considering mounting a legal challenge over a decision to remove photos and flowers from gravesites in south-west Victoria. The Hamilton Public Cemetery Trust has removed the makeshift memorials for occupational health and safety reasons. The move has sparked fierce opposition from locals, who have formed a support group, representing around 20 families

  • Who has the interment rights when the original holder dies?

    Who has the interment rights when the original holder dies?


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