Found Deceased Australia - Melissa Caddick, 49, Sydney, NSW, 12 Nov 2020 #8

[JBowie]

When the shoe was found, there had been talk of her Will in the media which I thought was a bit of a coincidence at the time.

Ordinarily, I would have expected a court to need to find that MC is deceased before probate could be dealt with.

Given that the inquest has yet to be held, I would have thought that any action regarding a Will would be on hold.

How the provisions of a Will apply versus the actions of the liquidator is an interesting question.

As I understand the situation, the liquidator claims that just about every significant asset that MC "owned" was obtained illegally and therefore, according to court ruling, to be liquidated in order to repay her victims of crime.

If those assets are mentioned in a Will then I guess the provisions of the Will become irrelevant as the assets are no longer the property of the deceased.

Maybe AK needs to declare himself a victim of her crimes in order to walk away with some money. Given that he apparently still believes that she did nothing wrong, that would be a conundrum for him.

 

[bearbear]

Woman's body washes up on Bronte beach
Woman's body washes up on Bronte beach

probably not melissa, especially as her foot was found so far from there

 

[Redrunner]

Also from that SMH article:

Mr Hayter has sought an order from the court asking that Koletti “be restrained” from this course of action. Earlier court documents show that Koletti, a hairdresser, is yet to show the receivers any financial contributions he made to acquire the Dover Heights home which was purchased by his wife for $6.2 million in 2014.

Elsewhere it is said that he claims to have contributed financially from his income. I guess he'll be able to supply tax returns to prove that ... or not.

Perhaps that prawn selling sidekick pays big bucks, or was it the producing tunes! I'm confused and so is the ATO!

 

[minime9]

Perhaps that prawn selling sidekick pays big bucks, or was it the producing tunes! I'm confused and so is the ATO!

Before Covid hit he was working as a hairdresser and gave his wages to Melissa.

Not that he earned much comparatively..

 

[PingTheRouter]

probably not melissa, especially as her foot was found so far from there

18 months in the ocean when over a year a go the foot already separated from the body and went on a 500km journey

yeah i wouldn't think so

but who knows right, life and true crime is weird and you never know... but seems unlikely

 

[sunnybree]

I wonder how he'd stand if he'd divorced her and taken whatever he could get in property settlement before the fraud was discovered. Even a non-working partner is normally awarded 50%. It would probably be too late unless they could prove he knew the money was stolen? After all I assume they can't demand that the cook, for example, pays back her wages because it was all really investors' money. Is that where AK is coming from . . . he's earned the money as a husband already, and he didn't fleece anyone, so why is his half-share forfeit?

It may be that the court considers that the assets were not legally Melissa’s, and if they were not legally Melissa’s then none of her dependents (husband, child, elderly parents) can make claim in them. Have I understood this right? However I agree that AK is coming from the perspective that he has entitlement to the assets by marriage.

I’m confused about the custody arrangements for the son. What does happen in a situation like this, where the custodial parent dies or is suspected to be deceased? Does the non-custodial parent have their custodial rights restored? Or not necessarily? How exactly is AK “supporting” or making plans to support his step-son? He seems to be unraveling not to mention he is still living in a soon-to-be liquidated house and his only plan there seems to be to tell the court “let us still live here because!” but not producing any of the supporting documentation (I can only assume that is because it does not exist). AK does not seem to understand that this is not a divorce settlement or a even a settlement following death of a partner. The court has ruled the house did not lawfully belong to Melissa because she paid for it with stolen funds. If Melissa was alive, the same thing would be happening, right?

 

[PingTheRouter]

It may be that the court considers that the assets were not legally Melissa’s, and if they were not legally Melissa’s then none of her dependents (husband, child, elderly parents) can make claim in them. Have I understood this right? However I agree that AK is coming from the perspective that he has entitlement to the assets by marriage.

I’m confused about the custody arrangements for the son. What does happen in a situation like this, where the custodial parent dies or is suspected to be deceased? Does the non-custodial parent have their custodial rights restored? Or not necessarily? How exactly is AK “supporting” or making plans to support his step-son? He seems to be unraveling not to mention he is still living in a soon-to-be liquidated house and his only plan there seems to be to tell the court “let us still live here because!” but not producing any of the supporting documentation (I can only assume that is because it does not exist). AK does not seem to understand that this is not a divorce settlement or a even a settlement following death of a partner. The court has ruled the house did not lawfully belong to Melissa because she paid for it with stolen funds. If Melissa was alive, the same thing would be happening, right?

the only ones who have a sliver of hope is the parents, if they can produce some proof about investing that money they might get the courts on their side

but i don't think they will get what they are saying they want ( 35% or whatever of the value), they should go in to the pool on percentage basis and get their 20 cents in the dollar like everyone else

 

[JBowie]

I’m confused about the custody arrangements for the son. What does happen in a situation like this, where the custodial parent dies or is suspected to be deceased? Does the non-custodial parent have their custodial rights restored? Or not necessarily?

What happens after the death of a parent?

If there is disagreement about whom the child lives with, the surviving parent, or another person interested in the care, welfare of development of the child can apply for a parenting order.

Proceedings do not need to be commenced if all relevant parties agree on whom the child is to live with but having the agreement formalised by way of a consent order can be beneficial if the child is not living with the other parent as schools, heath facilities and government departments often require some form of formal record.

What Happens If A Parent Dies After A Parenting Order Has Been Made? - Cairns Family & Commercial Lawyers

How exactly is AK “supporting” or making plans to support his step-son?

I guess he's feeding him. I gather that Tony Caddick the boy's father is paying his school fees.

He seems to be unraveling not to mention he is still living in a soon-to-be liquidated house and his only plan there seems to be to tell the court “let us still live here because!” but not producing any of the supporting documentation (I can only assume that is because it does not exist). AK does not seem to understand that this is not a divorce settlement or a even a settlement following death of a partner. The court has ruled the house did not lawfully belong to Melissa because she paid for it with stolen funds. If Melissa was alive, the same thing would be happening, right?

Yes, her Maliver company would have been wound up and liquidated, although her trial for fraud, etc, may have altered the timetable. Assuming a guilty verdict, there may have been a question of seizure of goods deemed to be the proceeds of crime.

In broad terms, the [NSW] Confiscation of Proceeds of Crime Act 1989 (the Act) empowers a court, upon the conviction of a defendant, to make orders for the confiscation of property derived from or used to commit a “serious offence” within the meaning of the Act.

Proceedings under the Confiscation of Proceeds of Crime Act 1989

Because the mortgage on the house is in default, ordinarily by now ANZ would have foreclosed, evicted him and changed the locks.

 

[JBowie]

Correction:

Because the mortgage on the house is in default, ordinarily by now ANZ would have foreclosed, evicted him and changed the locks.

Make that NAB not ANZ.

 

[srper2]

Before Covid hit he was working as a hairdresser and gave his wages to Melissa.

Not that he earned much comparatively..

I understood once married, he quit work to stay at home and help Melissa with her son and home - and then became a "prawn breeder" and "music producer/DJ"?
It doesn't seem he did anything at all to earn his own money once they were married and that MC paid for everything for him?
Missing Melissa’s hairdresser husband tells court he has $1.95 in his bank account

 

[minime9]

I understood once married, he quit work to stay at home and help Melissa with her son and home - and then became a "prawn breeder" and "music producer/DJ"?
It doesn't seem he did anything at all to earn his own money once they were married and that MC paid for everything for him?
Missing Melissa’s hairdresser husband tells court he has $1.95 in his bank account

In an affidavit, Mr Koletti, 38, stated he was a part-time hairdresser until the COVID-19 lockdown in March. He said he and his wife, “who was the primary breadwinner in our family”, agreed that “in order to reduce the health risk to our family”, he would quit work and “remain at home to attend to household duties [and] childcare”.

 

[Rumination1]

What has happened to investigations into her dodgy account ?

Oops I meant accountant .

 

[Via Marple]

Has anyone noticed the new docs uploaded to the case files lately? So much more detail to read..

ASIC v Caddick - Online file

As I am particularly interested in the G's legal representation, I have discovered that they don't have just any junior lawyer for Pro bono work, but a partner at Baker Mckenzie, and a head of all sorts of things as well

Maria O'Brien | People | Baker McKenzie

Pretty much the best advisor one can get for this kind of cases around town

 

[PingTheRouter]

Pretty much the best advisor one can get for this kind of cases around town

they go in to a pool right and its random? they just got lucky? or did they get to choose somehow

 

[Mr Murphy]

Has anyone noticed the new docs uploaded to the case files lately? So much more detail to read..

ASIC v Caddick - Online file

As I am particularly interested in the G's legal representation, I have discovered that they don't have just any junior lawyer for Pro bono work, but a partner at Baker Mckenzie, and a head of all sorts of things as well

Maria O'Brien | People | Baker McKenzie

Pretty much the best advisor one can get for this kind of cases around town

Likely they shopped around for a solicitor to act on their behalf.
Pro bono does not necessarily mean they don't get paid. Even if they get a tiny amount, its considered a win and the court would order that the solicitors get paid.
Further, they may have an agreement that if they don't win they don't get paid. However, if they are successful they get to charge fees. Again, success is an award that is favourable versus getting nothing at all.

 

[Via Marple]

And there is evidence inside one of Baker Mckenzie's letters to the receivers (dated 15 Dec 2021) , the G's was for a few months late 2020 to early 2021, represented by a specialist insolvency lawyer firm William James, before BM took over
William James

No idea if William James did pro bono as well, but they have not hung around for a win to get paid. Those guys would have cost a motza to work for anyone.

Edit to add- I am slowly going through those letters involving the G's claims.....

 

[Mr Murphy]

And there is evidence inside one of Baker Mckenzie's letters to the receivers (dated 15 Dec 2021) , the G's was for a few months late 2020 to early 2021, represented by a specialist insolvency lawyer firm William James, before BM took over
William James

No idea if William James did pro bono as well, but they have not hung around for a win to get paid. Those guys would have cost a motza to work for anyone.

Edit to add- I am slowly going through those letters involving the G's claims.....

In these cases, when there is a transfer of a file from one solicitor to another costs must be paid on transfer. However they can also enter a tripartite agreement. This means that the initial solicitor is paid their agreed costs and disbursements if there is a positive resolution in the end.

 

[bearbear]

EXCLUSIVE: Surfer tells of chilling moment he spotted 'decomposed body with dark hair' floating in the water a day before she washed up on famous beach
Social media has erupted with speculation the body could be that of missing financial advisor Melissa Caddick, 49, who vanished 18 months ago amid a police probe into her company.

But the theories have been dispelled by a leading forensic expert.
Sydney's Bronte Beach dead women's body horror as local reveals how he surfed beside rotting remains | Daily Mail Online

 

[Redrunner]

I was wondering whether someone could a few points about this case.
Firslty, can anyone recall the name of the Jewellery company Melissa worked for after she worked for WISE Financial , I know it was discussed a long time ago. I am not sure whether she worked here in Australia, the UK or else where?
Secondly, who owns and manages the cabins at Bournda Beach, rented through the NSW Government Parks ? or owned? I thought perhaps she had stayed there as a young girl with family or through a school excursion, but I am unsure?
Thirdly, why in your opinion did she fly in and out of the UK, LA, and New York? Thanks

 

[Estelle]

I was wondering whether someone could a few points about this case.
Firslty, can anyone recall the name of the Jewellery company Melissa worked for after she worked for WISE Financial , I know it was discussed a long time ago. I am not sure whether she worked here in Australia, the UK or else where?
Secondly, who owns and manages the cabins at Bournda Beach, rented through the NSW Government Parks ? or owned? I thought perhaps she had stayed there as a young girl with family or through a school excursion, but I am unsure?
Thirdly, why in your opinion did she fly in and out of the UK, LA, and New York? Thanks

1. I have no recollection of MC working for a jewellery company.

2. Cabins: Search camping and accommodation | NSW National Parks

Highlights of Bournda National Park: Bournda National Park | NSW National Parks

School excursions Search education services | NSW National Parks

There are also these cabins at Tathra Beach which is nearby. Tathra Beachside - Aircamp

3. UK: MC flew into and out of the UK because MC's first husband secured a position there as a solicitor.

LA: MC flew into and out of LA on her way to Aspen to ski.

NYC: MC flew into and out of NYC as she treated AK to a holiday there before they married. He had had been working as a hairdresser on a cruise line where they initially met IMO.