Australia - 3 dead after eating wild mushrooms, Leongatha, Victoria, Aug 2023 #4

[Observe_dont_Absorb]

BBM. By that point, a full day after the luncheon, everyone who ate it was in hospital. Surprising no one had contacted her yet; surely, if she knew people had gotten sick from food she served, she wouldn't serve it to her children...

I assume that SP would have been quickly aware of the medical crisis of his family members unless he was temporarily out of contact for some reason.

Would he have suspected some foul play involving poisoning and immediately flagged up this issue to the medics and LE?

Or, maybe he and everyone else assumed 'regular' food poisoning and that they'd all pull through after a rough couple of days. Would anyone have contacted EP on the subject at that time? The dinner guests were way too unwell to function and sounds like SP may not have wished to speak to her. Assuming that, then LE wouldn't have yet been notified and they also wouldn't have contacted EP.

I'd have thought this situation would have been dealt with far more in depth and swiftly at the time of the suspected food poisoning, if only to prevent further harm to life and to identify the source. That's what usually happens if there's a bad batch of food served in a cafeteria or restaurant.

 

[RickshawFan]

Have we ever heard about why she agreed to care for her husband, from whom she'd separated, when he could have gone to his parents' home? It seems as if he's close with them.

I think we don't know what she was referring to, when she said she took care of her husband, albeit reluctantly. We don't have his version of the "caretaking".

 

[Observe_dont_Absorb]

I think we don't know what she was referring to, when she said she took care of her husband, albeit reluctantly. We don't have his version of the "caretaking".

I suspect the version of care-taking may have been to allow him to stay in the other house that was in her portfolio of property and to ensure he was financially taken care of whilst he was unable to work.

Unless she was doing some full tilt Kathy Bates in Misery routine...

 

[MsMarple]

Really? Was it a legally discussed separation where they came to terms and agreements? Is this a fact or just speculation?

I wonder what the meeting was about then? Maybe E wasn't sticking to the terms. Also why hadn't there been an actual divorce if they'd agreed all that?

That information hasn’t been released by LE or EP herself so all we can do is speculate. Property division can take months to sort out, even longer if the parties can’t agree.

And yes, it makes more sense that the meeting could have been about issues holding up the divorce. Custody arrangements are often points of contention. Visitation rights, child support and college funds too.

EP is 48 not 18 and a meeting with SP’s parents to discuss a marital reconciliation is just bizarre IMO.

 

[katydid23]

Sometimes the press change the gender of the person in order to disguise their identity.
So, we're none the wiser I guess.

If this was genuinely a mediation type thing then that would imply the family were mediating between E and S - but why? To let her know S has firmly made his mind up that he wishes to divorce? Well really why would S need to turn up mob handed to clarify that? Also why did he pull out at the last moment - seems cowardly (although was maybe a shrewd move).

Usually 'mediation' is between two conflicting parties where there's been a fundamental disagreement or conflict. I can't see how this applies to a marriage breakdown which is ultimately a legal issue. If E was refusing S a divorce, all he has to do is file the correct paperwork, even if he couldn't afford a solicitor. He wouldn't need to turn up with his whole family in tow to point out that he has a legal right to a divorce.

In one of the articles, the in-laws had supposedly told others that they were worried about EP's mental health, and were going to visit her, with the pastor and sister, so the pastor could help assess her mental state and be supportive.

It sounds to me like it was more of an intervention than a mediation. I think the in-laws were concerned about the grandchildren. Rightfully so, perhaps. JMO

 

[SMK777]

It may well be real but there is nothing to indicate it is the case here.
We do not diagnose.

Right. I didn’t make myself clear enough.

I was not saying EP suffered from it;

I was addressing @RickshawFan having said:

“IMO this is a great layout of the possibilities. I agree with most of it, but I feel weird about menopause being in the mix. We’ve had too many centuries where women have been treated as though they’re crazy when they reach menopause.”

 

[al66pine]

Financial Arrangement. Property Division.

I would assume that if this couple don't have a 'pre-nup', then the division of property is basically E giving S a whole chunk of her inherited wealth in accordance with legislation.

@Observe_dont_Absorb Thanks for responding.

If at some point EP or SP files for divorce, the ^ assumption of SP receiving a "whole chunk" of EP's inherited wealth could prove to be true. It's possible. Not arguing that point, just saying we don't know what we don't know.

Hypo: What if when first married, SP opened a investment brokerage a/c w 5,000 AU$ in his name only and by the time of separation, a/c value was 5,000,000 AU$?
Would a "whole chunk" of EP's inherited $ still be distributed to SP?

Afaik, EP & SP are separated, not divorced, not in the process of divorce. Maybe disagreement about finances is the obstacle. Or religion or another issue altogether. IDK.

_______________________________
Per law firm below, before a divorce can be granted, a party must submit evd. of separation for minimum 12 months. Seems EP or SP could offer evd. of 12 mo. plus separation.

From a law firm in OZ, "How Are Assets Divided In A Divorce Australia?"
I suggest reading the full article (it's plain language) but here's an excerpt:
"When A Spouse Wins The Lottery or Inheritance
Now we throw in a complete wild card event – some kind of financial windfall.
"This could be a number of things, for example, a lottery win, an inheritance, a large financial gift from parents, a compensation payment, a disability claim.

"A famous example of this is the case of Farmer v Bramley in 2000.
"The husband won the lottery for $5,000,000, 20 months after the separation. The divorced couple had one child who lived with his mother.
"The wife was given $750,000 from the winning amount by the court as it recognized that she cared for her husband during the marriage and had been taking care of their child post the separation.

"This is an excellent example of how tricky the division of assets can be during a divorce.
"Indeed, as we said, there’s no fixed formula for how assets are divided in a divorce in Australia."

How Are Assets Divided In A Divorce Australia? | 2023 Guide.

 

[katydid23]

yet EP had reportedly previously told her ex she didn’t want a reconciliation, after she had reluctantly nursed him after his illness.

‘Ms Patterson said she had previously told her ex that she did not want to reconcile with him.
This conversation happened after she "reluctantly" agreed to nurse Mr Patterson for three weeks when he was discharged from hospital in May 2022 following a severe stomach illness, she said.‘

Leongatha mushroom death suspect Erin Patterson tells her side of the story

Ms Patterson said beef Wellington was the served at the fatal lunch.

www.canberratimes.com.au

I am not sure that her version of that relationship is credible. She says she didn't want a reconciliation, but are we sure of that?

 

[katydid23]

100% I'd be going out of my mind, in fact I'd probably need putting in hospital and medication because I'd be fearing everything from pollution, gases, something in the water, malicious toxins on anything that could be touched... I'd be screaming off the rooftops and terrified that someone was trying to take all mine and my family's lives. I'd be coming up with conspiracy theories and all sorts.

Yes. I'd be so worried for my children at that point and terrified if I didn't know the source of the danger.

I do feel that none of E's statements conflict with the fact that she may well have murdered them. For example she says she loved them very much, they were like her own family, etc. Well, indeed, all of those things can be true at the same time.

Yes, her saying she loved them like family makes me wonder if that made it even more upsetting if she felt betrayed in the end? Divorce can be very soul crushing.

Ditto she hopes Don will pull through when in fact he has already passed, it's Ian who is the survivor, and if she's guilty she sure as heck won't be wanting Ian to be pull through. Some people aren't able to lie and maybe she's one of them.

true

 

[katydid23]

People are discussing EP maybe needing to share her inheritance with him. Do spouses get half of their partner's inheritance after a divorce in Australia?

I am pretty sure that doesn't happen in US. If my parents leave me an inheritance, my husband is not legally allowed to take half of it unless I commingle it with our joint moneys.

 

[jjenny]

People are discussing EP maybe needing to share her inheritance with him. Do spouses get half of their partner's inheritance after a divorce in Australia?

I am pretty sure that doesn't happen in US. If my parents leave me an inheritance, my husband is not legally allowed to take half of it unless I commingle it with our joint moneys.

She got her inheritance in 2019 after her mother died. They were still together at that time as far as I can tell. Most likely he would be entitled to a part of it.

 

[MsMarple]

People are discussing EP maybe needing to share her inheritance with him. Do spouses get half of their partner's inheritance after a divorce in Australia?

I am pretty sure that doesn't happen in US. If my parents leave me an inheritance, my husband is not legally allowed to take half of it unless I commingle it with our joint moneys.

Check out @al66pine posts a little ways upthread. Also:

• If you separate or get divorced, your inheritance could be considered a marital asset and may be split during the division of assets.
• You and your former partner can agree privately about how your inheritance is handled if you split up and this agreement can be formalised.
• The court may treat an inheritance as part of the property pool or separate to it and this may depend on factors like when the inheritance was received, how the inheritance has been used and the size of the inheritance.

Inheritance and Divorce in Australia | Unified Lawyers

Inheritance and divorce property settlements can be difficult to navigate. Find out how an inheritance could be treated in a divorce in Australia here.

www.unifiedlawyers.com.au

More information at the link.

 

[katydid23]

She got her inheritance in 2019 after her mother died. They were still together at that time as far as I can tell. Most likely he would be entitled to a part of it.

OK, so laws allow that ? Here it is not legally required to share your inheritance with your spouse. A family inheritance is considered your own to keep, and you don't have to share it in a divorce.

 

[MsMarple]

OK, so laws allow that ? Here it is not legally required to share your inheritance with your spouse. A family inheritance is considered your own to keep, and you don't have to share it in a divorce.

Pretty weird, right? Imagine your ex making a claim on something your mother left to you. I’d be so angry!

Of course we don’t know if that’s the case here.

 

[jjenny]

OK, so laws allow that ? Here it is not legally required to share your inheritance with your spouse. A family inheritance is considered your own to keep, and you don't have to share it in a divorce.

Yes.
"

• If you separate or get divorced, your inheritance could be considered a marital asset and may be split during the division of assets."

Inheritance and Divorce in Australia | Unified Lawyers

Inheritance and divorce property settlements can be difficult to navigate. Find out how an inheritance could be treated in a divorce in Australia here.

www.unifiedlawyers.com.au

 

[katydid23]

Yes.
"

• If you separate or get divorced, your inheritance could be considered a marital asset and may be split during the division of assets."

Inheritance and Divorce in Australia | Unified Lawyers

Inheritance and divorce property settlements can be difficult to navigate. Find out how an inheritance could be treated in a divorce in Australia here.

www.unifiedlawyers.com.au

So that could be a potential motive.

I can see reasons she might have allegedly wanted to cook up that mushroom gravy and serve it to her ex and his family. No custody battles, no financial disputes, no family interference, just make a new start from here on out.

It takes quite awhile to prepare Beef Wellington so if her ex cancelled last minute, the mushroom gravy was already simmering on the stove. Perhaps she had a big decision to make? Allegedly...

 

[al66pine]

OZ Laws re Property Agreements or Divisions.

People are discussing EP maybe needing to share her inheritance with him. Do spouses get half of their partner's inheritance after a divorce in Australia?....

@katydid23 ^sbm^ Repeating from my Aug 17 post, but rewording in a few places because I (mistakenly?) thought they were divorced.

I've skimmed re OZ. laws: a couple may enter pre-nuptial or ante-nuptial agreements re property division/settlement, or at time of separation or divorce, per OZ Family Law Act.
"Part VIII—Property, spousal maintenance and maintenance agreements 306" *
[sorry @katydid22. lost the link when copying & pasting]

Did they reach or have they (their attys?) reached a property agreement, authorized by ^ statute? IDK.

Here's info from a Victoria law firm discussing ---
FACTORS OZ COURTS CONSIDER re Property Divisions:
"In most cases, Australian courts will consider the totality of the property available for division between the parties. How and when the property was acquired and each party's contributions to property may ultimately have a substantial impact on what each party keeps as their final property settlement outcome.

"Can I protect particular assets from a property settlement in the event of a separation?
"As demonstrated above, property is defined broadly for the purposes of Australian family law proceedings.
The only way parties can quarantine or protect particular assets or financial interests from a property settlement claim is to address the division of assets (and exclude the jurisdiction of court) by entering into a financial agreement at the commencement of, during or after a relationship/marriage, pursuant to the Family Law Act 1975 (Cth)."

Same law firm:
"Ultimately, unless a financial agreement has been properly prepared and entered into, a former partner may be entitled to property that one party intended to quarantine from a property settlement upon separation – notwithstanding any private understandings or any other agreements that the parties may have had during their relationship.

What is "property" in Australian family law?

In Australian family law, property for division includes assets, liabilities, superannuation and financial resources that the parties have an interest in.

www.landers.com.au

^^^ imo ^^^
If any of our verified legal professionals (esp'ly from OZ) has rung in on this topic, I've missed it.

 

[Observe_dont_Absorb]

So that could be a potential motive.

I can see reasons she might have wanted to cook up that mushroom gravy and serve it to her ex and his family. No custody battles, no financial disputes, no family interference, just make a new start from here on out.

It takes quite awhile to prepare Beef Wellington so if her ex cancelled last minute, the mushroom gravy was already simmering on the stove. Perhaps she had a big decision to make?

If she did this, mushroom gravy sounds like a far better plan. Also, it's quite contained.

Having been married to SP, then EP would know what his likes and dislikes are and if he'd be likely to want gravy.

 

[katydid23]

If she did this, mushroom gravy sounds like a far better plan. Also, it's quite contained.

Having been married to SP, then EP would know what his likes and dislikes are and if he'd be likely to want gravy.

I've been looking at Beef Wellington recipes and images. Many of them are served with a mushroom gravy/sauce served on the side or ladled over the top.

If she served hers that way she could have put the lethal ones in the sauce only. That way she could eat her portion and spare herself the medical issues.

 

[jjenny]

I've been looking at Beef Wellington recipes and images. Many of them are served with a mushroom gravy/sauce served on the side or ladled over the top.

If she served hers that way she could have put the lethal ones in the sauce only. That way she could eat her portion and spare herself the medical issues.

And she could also feed the Beef Wellington to the children as she claimed she did.