1.The Defendant has provided False and Misleading information in the Matter of the Claimant’s Deceased Sons Estate and Superannuation Death Benefit Claim
This matter is in regards to the defendants claim that she was in a defacto relationship with the claimant’s son who died from cancer at the age of 35 in November 2019
The defendant has made claims that she was in a domestic and defacto relationship with the claimant’s son and that she had lived in the claimant’s unit and the claimant’s son’s father’s house and she had told the claimant’s son employer that she was living with the claimant’s son in 2019
In October 2019 the claimant’s best friend had told the claimant that the defendant was introduce to her as a friend at that he was helping her out
All of these claims are false and the claimant can demonstrate that the defendant’s claims are false and that she has been deceptive in her conduct to benefit herself for a financial gain
2.Character of the Claimant’s son Sean Vaz
The claimant’s son Sean was a very delightful young man and he was liked by everyone and he made time for everyone and he loved his family very much
The cause of his life he remained and lived in his parent’s home until he died in 2019
He had been previously married to Sheree Powers and he had lived in his parent’s house even when he was married and even after he had filed for divorce
The claimant’s son spread his wings after his divorce in late 2017 and he was dating many girls
He was a private and respectful man and he did not gossip about anyone and he told the claimant a lot of things in private
The claimant’s son father can verify that between 2017 to 2019 that their son was dating other girls
But he never mentioned that the defendant was his girlfriend even in his last 9 months of life
The claimant’s son did not tell his parents or family that the defendant was already in de facto relationship and if it was something important and the relationship was public he would of told the claimant that
3.Claimant’s Character and Relationship with the Defendant
The claimant has been very respectful and understanding towards the defendant and she has always been accommodating towards her
The defendant has acknowledged that they got on very well apart from the defendant’s outburst at hospital in 2019
4.Defendant’s Relationship with Claimant’s son Father
The relationship was strained because the defendant was taking over his place and he did not like this
The claimant’s son father had told his son that defendant cannot stay at his house when he is at home
5.Defendants Duration of the Relationship
The defendant has already made a claim that she was in a 2 year relationship with the claimant’s son in 2019
The duration of this relationship is in doubt as the claimant has not known the defendant for 2 years
The claimant did not know the address of the defendant and has never been to her house
The claimant was never introduced to the defendant’s family and the claimant has
only known the defendant since December 2018 to November 2019
6.Defendants Status of the Relationship
The claimant has only known the defendant to be a friend to her son and his friends
The status of their relationship was based on text messages and it shows that they were never together for long
7.Defendants Status of her Defacto relationship with Mr Coles
The defendant was in a 5 year defacto relationship with Mr Coles in 2019 and she was living with him in the house that they both owned together
In December 2018 the defendant had told a family member Katrina Vaz that she was in relationship with someone else had she been deceptive about her relationship with Mr Coles the claimant’s son family
8.Defendants Living arrangements
The claimant did not live at the claimant’s unit and the claimant only knew that the defendant was living at her house with her boarder
9.Defendant and the Claimant’s Employer
The defendant had visited the claimant’s son employer Peter Karageorge and she had told him that she was living with the claimant’s son when he died in 2019
The employer was also asked by the defendant to provide a Statutory Declaration and that he did
10.Defendants Public photos on Facebook Page from 2017 to July 2020
The defendant Iestyn Coles, David and Fiona Grant (Parents of the defendant)
The photos show the defendant pictured with Mr Coles as a couple
These photos were still public until after the claimant’s son died in 2019 until July 2020
11.Claimant’s son Facebook Page from 2017 to 2019
There were no photos on the claimant’s page or the defendants of them being a couple
12.Defendants Facebook Page Photos deleted in July 2020
The defendant had removed the photos of herself and Mr Coles and she had changed and the photos showing that my son was single her parents were in July 2020
13.Defendant Manipulated the Claimant’s son to Move out of his Father’s House in Mirrabooka
In August 2019 the defendant made the claimant’s son pack his belongings after coming out of hospital with a blocked artery and his chemo bag and place his belongings in storage and we went to get the boxes so that she did not have to deal with his father’s restrictions
Claimant’s son’s father was devasted that his son was moving out without an explanation because they always got along
14.Defendant made the Claimant’s Son move in with the Claimant
The claimant’s son had asked her if he could stay at her place so that he could see the defendant in private and I accepted his proposal
The defendant was not given any keys nor did she have a conversation about her living with her in her small 1bedroom unit which is public housing
The defendant would come on Wednesday at my unit because it was her date night
The defendant did not have all of her belongings or suitcases at the claimant’s unit and the defendant never stayed a whole weekend at the claimant’s house
She had visited only a few times while I was there
15.Defendant’s Outburst at the Hospital
The claimant had wittness the defendant getting angry with her son at the hospital on several occasions and the defendant use to call the claimant’s son while she was visiting her son and she could hear the defendant shouting on the phone while she talking to him
The defendant would ring at least 10 times a day while he was in hospital and she was constantly texting him
16.Claimant’s son Hospital Admissions and Visits
The defendant was not present on the days of admission to the hospital and the defendant only visited the claimant’s son at the hospital and at home briefly
The claimant was with her son everyday and night but the defendant was not
17.Defendants Hospital Visits
The defendant would come to visit the claimant son sometimes before she went to work in the morning or visit her son after the claimant had left
18.Claimant’s Diary of Events from 28th October 2019 to 8th November 2019
After the defendant’s outbursts and her erratic behaviour the claimant had started doubting the defendants intentions because of her conduct to towards her son and herself and she started to make a diary of events that have occurred
19.Defendants Action in the Making of Claimant’s son Will
The week of the 28/10/2019 after the defendant’s outburst the defendant had called the claimant and wanted to discuss the matter in regards to the claimant’s son making a Will
The defendant had said to the claimant follow this link called Law Depot and have a look so the claimant did and she had printed a generic Will from this site and took it straight away to her son in the hospital to have a look at
The Claimant’s son was very adamant that he did not want to make a Will and he said that he will do one when he gets back to the claimant’s house
The claimant ripped up the paperwork and threw it in the bin and the claimant had also notified the defendant by text message that the claimant’s son did not want to make a Will
- Defendants Action for the Making of The Will
The defendant was told first by the doctors about the situation and the progress to the claimant’s son condition
The claimant her daughter and her ex-husband were told officially that afternoon by Dr Langdon the Palliative Care Doctor the he was going to die in a few days
The defendant was not present at that time she had already left for the day
The claimant and her family express their concerns to Dr Langdon and they had told him that they were concerned about the defendant’s motive about the Will The defendant had made contact with the lawyers on the 06/11/2019 after being told that claimant’s son does not have long to live even after the claimant had told her that her son does not want to make a Will
The defendant was deceptive in corresponding with the lawyers and she made an appointment for the lawyers to come in 16 hours before the claimant’s son died
The defendant had told the claimant that day at about 9:00:AM
The defendant was on the phone while I was in the room and she handed the claimant’s son her hand written notes to her son so that he would not forget what he had to do
The Claimant’s son Sean Vaz passed away on the 08/11/2019
The defendant handed back the claimant’s son’s mobile phone and she did not stay after Sean passed away she just left without saying a word
The claimant and her family waited for the Funeral Directors to collect her son and she released the body to the Funeral Directors
21.Claimant’s Son Mobile Phone History
The claimant and her daughter had discovered text messages between the defendant and the claimant’s son which revealed the truth about the defendant’s relationships
The defendant had the claimant’s son mobile phone until the claimant’s son died
The claimant’s daughter also had discovered on the claimant’s son mobile phone on his Rest App which was automated and had saved password that there was another Beneficiary Nomination changes made between 08/11/2019 to 10/112019
22.Discovery after the Death of the Claimant’s son and the Super Nomination changes that occurred in 2019
There were 4 changed made via the claimant’s son Rest App and this was benefiting the defendant
23.Defendants Motives and Behaviour after the Death of the Claimant’s Son
The defendant was acting weird and she had told the claimant in the text messages that she was going away to Mandurah and the Rottnest Island and that she would not be back in time for the funeral and that she did not want to participate in the funeral arrangements
24.Funeral Arrangements
The Claimant had begged and had persuaded the defendant to come to the house to prepare for the claimant’s funeral
The defendant outright refused to participate in the Eulogy and she had refused a limousine for her and her family
The defendant never acknowledged the claimant or her family on the day of the funeral
In the chapel the defendant sat in the back row with her family and at the cemetery she stood at the back of the crowd and at the Wake at the hotel the defendant ignored the claimant and her family
The day of the funeral the claimant’s son ex Sheree Powers had told me that the defendants defacto Mr Coles is at the funeral and that’s why the defendant did not want to sit with us because she was still in the relationship with him because the defendant had told Mr Coles not to attend the funeral
25.Claimants Proposal to the Defendant about the Will in 2019
The claimant and her family invited the defendant to attend a meeting at her unit in Balcatta to discuss a proposal about the Will as the claimant’s son forgot to put his niece in his Will
The claimant’s son had already told her daughter that they would have been taken care of for their future
We came to an agreement and we would all go 20% each 5 ways
But the defendant did not agree to the proposal because we had excluded the Super Death benefit from our proposal from the Estate
26.Defendant requested for the Death Certificate in 2019
The defendant had her father request a copy of the death certificate but the claimant had refused
The defendant then approached the claimant’s son’s doctor (GP) for information but she was refused because the doctor had notified the claimant
27.Defendant purchased a Private Post Box in 2019
The text messages revealed that the defendant had a private post box
28.Defendants Text Messages
Revealed that defendant took photos of the claimant’s unit and the claimant’s sons fathers house in 2019
29.Defendants lies to the claimant’s son’s friends and Employer
The defendant had told everyone that she was living with the claimant’s son in 2019 and the defendant used the claimant’s son employers address to have her Hello Fresh delivery to the business address
30.Defenfants Defacto Mr Coles July 2020
The claimant knew that the defendant was after her son’s money because she had put in her claim in for the death benefit
When I had heard that the defendant had objection to our claim for the death benefit and I wanted to talk to the defendant about this so the claimant went to visit the defendant at her house in Ballajura
The defendant was not home but her defacto Mr Coles was there sitting in his car
Mr Coles was very eager to talk to the claimant about the defendant and they had a discussion in the driveway
He had said that the claimant’s son was his friend and I said to me I am so sorry that my son was cheating with your de facto
Mr Coles had said that he was still together with the defendant on the day of the funeral in November 2019
31.Defendants Lawyer Mr Pye in 2020
The defendant had told her lawyer that she was in a de facto relationship with the claimant’s son in 2019
32.Defendants Circle of Friends
The defendants circle of friends only knew that the defendant was in a defacto relationship with Mr Coles in 2019
The circle of friends had mentioned to me that Mr Coles was still with the defendant when the claimant’s son died in November 2019 and that the defendant was staying at her parent’s house
The friends have told me that the defendant had been seen at a wedding with Mr Coles as a happy couple in October 2019 while claimant’s son was dying in the hospital
The friends have also told me that on the day of the funeral they were sitting next to Mr Coles and the Eulogy was up on the screen he saw a photo of the defendant with the claimant’s son and he nearly fainted and he was clearly in shock and believed that he was still in a relationship with the defendant
Vicki Tash Sarah Frankie Matteo Glen Jodie Anastasia Sheree
32.VexactiouS Litigation in 2021
The defendant showed the court document provided by her lawyer and in that statement that she had claimed to her lawyer about being in a de facto relationship and that statement from Mr Pye that she was in a de facto relationship with the claimant’s son Sean Vaz
The defendant made false accusations about the claimant and her family and distorted the truth and then she had cancelled the FVRO without giving a reason
The defendant wanted to silence me in my quest for the truth about her lies
33-Defendants motives to Isolate the Claimant
The defendants had distant herself from the claimant and the family her knowledge of the claimant’s friends phone details was obtained by her by using the claimant’s son phone discreetly
Her motives have been deceptive since the claimant’s son was diagnosed with cancer in early 2019
With the defendants claims about the claimant’s son living together and the duration of their relationship has divided the claimant with her friends and her son’s friends and work colleagues
The claimant is isolated now and the defendant has tarnished her name and character
The claimant wants to protect her sons honour and dignity
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STATEMENT OF THE CLAIMANT
1.The defendant has never been in a family domestic de facto relationship with the claimant’s son and she has not been in a public relationship for 2 years
I was first introduced to the defendant as friend at a private family function in June 2018 and I had not seen the defendant again until Boxing Day in December 2018
I saw the defendant again in late February 2019 when the claimant’s son was diagnosed with terminal cancer
The defendant was never available to be by the claimant’s son when he was sick and the defendant had gone many holidays in 2019 without the claimant’s son The defendant had never taken any time off work to be with the claimant’s son in 2019
The claimant never had any conversations with the defendant about her life because she was never around or she was avoiding the claimant
For the defendant to say that she was in a 2 year relationship with the claimant’s is false and particularly to the claimant never met the defendant’s parents or her family in 2 years
The claimant had only met the defendant’s mother one time and that was when the claimant was doing the funeral arrangements for her son
In the 2 years that the defendant was suppose to be in a relationship with the claimant’s son then why did the defendant never phoned me or give me her phone number or invite me to her house
Also the claimant and her family did not know where the defendant had lived until after the claimant’s son had died in November 2019
After the claimant’s son had died the claimant had gone through his mobile phone records and found the text messages about the defendant’s life manipulation bullying towards her son
The text messages revealed that defendant was already in a defacto relationhip with Mr Coles and that she was living with him in 2019
It also revealed that the defendant was in financial trouble and that she had seeked advised from the claimant’s son in February 2019
2.In the defendant’s statement to the court she had said that she owned the property but she did not live in the property at Ballajura in 2019
The claimant was told by her son that the defendant lived in Ballajura and that she had a boarder staying there with her and that her son could not go over and stay or live with her at her house in Ballajura because the boarder was there
The boarder who was living at the defendant’s house was her public de facto
Mr Coles of 4 years in 2019
The claimant’s son the defendant and Mr Coles were friends and Mr Coles did not know that the claimant’s son was dating the defendant in 2019
The claimant’s son was cheating with Mr Coles woman and that’s why it was a secret
The defendant was deceptive in her answers and continued to distort the truth
3.The defendant has stated that the property in Ballajura was not advertised and yet in her second answer she has contradicted herself by saying yes in general real estate it was
The property was advertised on realestate.com.au
The claimant’s friend of 20 years Lisa Anticich knows Amy Santaro which is
The defendants de facto Mr Coles ex-partner who he has a child with and she had told Lisa that the property was on the market and Lisa had told me via a message
In regards to the defendant’s allegations- of the claimant yelling at her is a lie and that the defendant’s mother could hear me yelling over the vaccum cleaner
The defendant had volunteered to come out on her own free will and she was not threatened by me as she was standing in front of me at arm’s length
The claimant was not yelling at her and the defendant was accommodating me in the conversation and she really did not want to answer any of my questions
The defendant went back inside and the claimant sat in her car and she was on a call so after that she had I left her driveway about 2 minutes later
The defendant knows that the claimant wouldn’t hurt a fly and there is no reason for the defendant to feel anxious or worried about her safety she just does not want to talk to me because the claimant knows her secret
And to say that the claimant’s motivation is about money is a concern as it is the defendant actions and statements that have led us here today in the Magistrates court
The defendant has been deceptive and she has distorted the truth and she has spread rumours about the claimant and her family
4.The matter in regards to the claimant’s son’s Will the defendant had stated that she did not seek legal advice
This defendant did not tell the court that she had organised and corresponded with 2 lawyers on the Wednesday 06/11/2019 2 days before the claimant’s son died
On the Thursday the defendant had already made an appointment for the 2 lawyers to come into the hospital for the signing of the Generic Will which was made 16 hours before he died on Friday
The defendant did not tell the claimant until that morning at 9am that the lawyers were coming in and that she handed the claimant’s son handwritten notes so that he would remember what to do
The defendant had bullied and put the claimant’s son under duress and she had manipulated the claimant’s son to make changes to his Super nomination beneficiary on 4 occasions in 2019
5.In regards to things turning nasty the defendant has exaggerated her claims about the claimant publishing intimate photos of her from the claimant’s son’s
The claimant had said in a text message is I that know about the photo’s
The photos that the claimant was referring to were the defendants Facebook page defendants Facebook page and her de facto’s Facebook page of her pictured in photos with her de facto Mr Coles in 2019
These photos remained public until July 2020
6.The defendant has been avoiding the claimant and her family since the claimant’s son had died in 2019 and she says she feel’s threatened by the claimant But is was that the claimant was getting closer to the truth about her real life
The defendant admits that she had blocked the claimant and her family and yet the defendant made claims to her lawyer Mr Lynn that someone from the claimant’s family called her 18 times and that her lawyer refused to produce the evidence to support the defendants claims
7.The defendant had told her lawyer Mr Pye that she was in a defacto relationship with the claimant’s son
The defendants lawyer Mr Pye has bullied the claimant and he has intimidated her with his 6 page essay about the claimant coming over uninvited
These allegations that have been made by this lawyer is to make me look bad
All that the claimant wanted to do was ask the defendant is, why she does not want to talk to the claimant and why she is going after claimant’s son’s money
The defendant had visited the parent’s house with her daughter in July 2020
8.The defendant claims that there was a lot of verbal remarks and confrontations
since the claimant’s son died and because of our Macedonian culture and that we were very demanding of her
We thought if you loved someone you want to give your all and do something and we did expect the defendant would like to have been involved with claimant’s son’s funeral arrangements and to do an Eulogy for her son
But the defendant outright refused to be involved with the claimant and she had said she was going away to Rottnest for 4 days and that she would be back for the funeral
I know now that the defendant has been telling everyone that there was friction in our family and that we had caused her to stay away from us
We were not a where at the time that there was any friction and I am very surprised that the defendant has gone out of her way to make my family look bad
We had begged the defendant to be involved in everything but she was closed off
We were all very supportive to the defendant and to say that there was friction is an understatement and that we did not know anything about the defendant’s life until after the funeral in 2019
The defendant has distorted the truth for her own benefit and yes she is after the claimant’s son’s money
9.The defendant came with a male and I was not introduced to him so I don’t know who he was
The claimant had asked him to wait outside while we had the meeting at the claimant’s place together with my ex-husband and my daughter
The claimant had never said that she had wanted to change the Will that’s the defendant’s way of distorting the truth
The Next of Kin and the claimant family had made a suggestion to the defendant that we go 20% each because the claimant’s son had forgotten to put his niece Rozalija in his Will
The Will that the defendant had organised and gave the claimant’s son handwritten notes agreed to this proposal
The claimant and the family already knew that the defendant would not agree to the proposal unless the Super was included in our agreement
We already knew that the defendant was going for the claimant’s son’s money and this proved to us that the defendant knew what she was doing
To say that the claimant was nasty is not exactly the truth and one remark that the claimant had made in a text message does not show that I was continually nasty to her and the defendant has distorted the truth
10.Rest did not notify the claimant that the defendant had put in a claim but the claimant just knew it was her
The defendant did not have confirmation from Rest at that time that the defendant had made a claim with Rest
The claimant was officially told by Rest by mail on the 17/05/2021 that the defendant was awarded 100%
11.The claimant and her daughter had visited her parent’s house in July 2020 and the defendant’s father had said to us that the defendant is not home
The defendant was not present at the time of our visit with her father and the defendant can’t say that it was confrontational because the defendant was not there
In the defendant’s statement she says she was in the shower and that we came at the back of the house
The claimant and her daughter did not know it was the back of the house as the house as it was situated differently
The claimant’s daughter and the claimant were approaching the house we did not have the opportunity to knock on the door because the defendant’s father came rushing out with his arms crossed and he was very defensive in his body language and he had said to us who are you and I had said to him that you know who we are
But the defendants father acted like he did not who we were and that would be true because I have never met him before
The claimant’s daughter then was talking to Mr Grant and the claimant was listening
The defendant’s father had said to us that the defendant was out having drinks with her friend and that she was not at the house
There was never any screaming or yelling from us we and did not say anymore and the defendant had asked us to leave and we had left straight away we had only been there not longer than 5 minutes
12.The defendant had told the court in March 2021 that the claimant were best friends and then the claimant had found out that she has been going behind my back and that she had told everyone else that I was her enemy
In regards to the photo’s there has been no publication on any interne site
The defendant has stated to the court that te claimant had been contacting people about her relationships
The people the defendant is referring to are also claimant’s son’s friends and the claimant’s friends and people are gossiping
The claimant cannot stop people from gossiping after the defendant and certainly the claimant has not told any lies about anyone
13.However the court should note that the defendant acknowledges that we were all on good terms and that there was no friction when the claimant’s son was alive and well after his death
The defendant states that the claimant was a different person and that we were best of friend’s and that the claimant was not a different a person then she was the same person she always been
The claimant is a genuine kind and caring person and she is not this evil person who defendant has made me out to be
Once again the defendant has distorted the truth about the claimant and her family and she has ruined the claimant’s reputation and that of her family and has isolated her in her quest to receive the benefit
14.The claimant knew that the defendant wanted her son’s money because she had been deceptive and the defendant was told by the claimant’s son that he was worth a lot money
The defendants text messages to the claimant’s son had told the defendant about the life insurance and he even bought her a car
The claimant knows that the defendant knows about the claimant’s son’s death benefit and it is because the claimant’s son told her about telling the defendant
“Mum should I tell Tara that I am worth a lot of money” and I had said if you like so he told Tara\
15.The claimant had made no contact with the defendant from December 2019 to July 2020
In July 2020 the claimant had made contact with the defendant’s de facto Mr Coles and her parent’s
The claimant saw the defendant in person in December 2020 at her home open which was advertised on the internet
The defendant’s ex Mr Coles was very accommodating to me we spoke and I said That I was sorry and that I did not know you were friends and what my son had done to him by cheating with his woman
We exchanged numbers with me because he wanted to know the truth about what was going on with the defendant was lying to him all along that she had cheated on him until the day of the funeral in 2019
Mr Coles has never said to the claimant not to contact him and it is the defendant who is concerned about what he would tell me as he has all the answers
The defendant continues to distort the truth and the defendant has the text messages between Mr Coles and the claimant to prove what was said
Mr Coles was upset because he couldn’t believe that his love of his life keeps feeding him lies and again to make me look bad
I6.The claimant has told the court that people are getting involved who shouldn’t be and she feels she has been stalked and watched
The defendant claims has no merit as the claimant has done none of that and had not stalked her on any social media as she has blocked the claimant and never been to her place of work
The defendant has involved these other people that the claimant’s known for over 15 years and she told them the claimant is evil and she know this is because they have isolated the claimant because of what she has said
The defendants father was aggressive with the claimant and plus the defendant was supposedly not home
This only happened on one occasion and there is not enough evidence to prove that the claimant was threatening or causing harm to anyone and that was continually
17.The court acknowledges that this order is about communication and harassment and it was based on the defendant’s statement of events that had occurred
18.The defendant had told the claimant’s son employer Peter Karageorge that she was living with the claimant’s son in 2019
The claimant’s son had told his best friend Karthi Alana that the defendant was a friend and he was helping her out
18.The defendant had been deceptive about the changes she had made to the claimant’s patient records and she had changed her status to spouse
The defendant had told the hospital staff and it was recorded in the patient file that the defendant was cohabiting with the claimant’s son fathers house
19.The defendant had said in a message that she had asked her defacto to move out of the house in August 2019
However Mr Coles did not move out until the house was sold in December 2020 and Miss Grant lived there in December 2019
I would like to subpoena these people to give evidence and oral evidence and attend court:
lestyn Coles
Amy Santaro
Mrs Fiona Grant
Peter Karageorge
Mrs Ellison
Mr Arnop Vaz
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