BIELBY

[2023] QCAT 345

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

BIELBY [2023] QCAT 345

PARTIES:

In an application about matters concerning Genevieve Margaret Bielby

APPLICATION NO:

GAA1932-23

MATTER TYPE:

Guardianship and administration matters for adults

DECISION DATE:

20 June 2023

REASONS DATE:

8 September 2023

HEARD AT:

Brisbane

DECISION OF:

Member Kanowski

ORDER:

Leave is granted to Genevieve Margaret Bielby to be legally represented at the hearing of application GAA1932-23.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PARTIES AND REPRESENTATION – LEGAL REPRESENTATION – GENERALLY – where principal sought orders against a former attorney – where principal sought leave to be legally represented – whether leave should be granted

Guardianship and Administration Act 2000 (Qld), s 124(1)

Powers of Attorney Act 1998 (Qld), s 85, s 109A(2), s 110(4), s 122

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 43

MJ v MET & Ors [2022] QCATA 180

Xtreme First Impressions Pty Ltd v Miller [2023] QCAT 31

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’)

REASONS FOR DECISION

Introduction

1. Mrs Bielby[1] brought an application in the tribunal which was listed for hearing on 23 June 2023. Before the hearing, she applied for leave to be legally represented. On 20 June 2023 I decided to grant leave. Mrs Bielby’s former attorney, Rosaline Devi Miller, has requested reasons for that decision, which I now provide.

   [1]The prohibition on identifying the ‘adult’ in a proceeding governed by the Guardianship and Administration Act 2000 (Qld), in s 114A(2), does not apply after the adult dies: s 114A(3)(b). Mrs Bielby has died since the decision was made.

Background

1. Mrs Bielby appointed Mrs Miller her attorney under an enduring power of attorney made in December 2019 and revoked in October 2022.

2. In February 2023 Mrs Bielby applied to the tribunal for orders under section 122 of the Powers of Attorney Act 1998 (Qld) (‘Powers of Attorney Act’) for Mrs Miller to provide financial records for the period she was attorney. The records sought included ones relating to the sale of a real property owned by Mrs Bielby. Mrs Bielby contended that not all funds had been accounted for by Mrs Miller.

3. Mrs Bielby’s application was prepared by a community legal service, the Caxton Legal Centre. Mrs Bielby sought to be represented by that service at the hearing of her application.

4. Although orders were sought against Mrs Miller, she was not automatically a party to the proceeding. Persons entitled to participate in a proceeding for an order under the Powers of Attorney Act are ‘a person joined as a party to a proceeding … or a person the court considers an interested person …’.[2] The reference to the court is to be read as a reference to the tribunal when the application has been brought in the tribunal rather than the Supreme Court.[3] Various procedural provisions in the Guardianship and Administration Act 2000 (Qld) (‘Guardianship…