DB and MJB

The case of DB and MJB involved the dispute regarding the settlement of workers' compensation proceedings and the associated costs. The parties included DB, who was the subject of a guardianship and administration order, and MJB, who was appointed as DB's legal representative. The matter was brought before the Supreme Court of Western Australia. The primary concern was whether the costs related to the settlement of the workers' compensation proceedings could be ordered to be paid out of the assets of DB, considering his mental disability and the implications under the Guardianship and Administration Act 1990 (WA).

The court had to determine whether DB, who was under a guardianship and administration order, had the capacity to make decisions about the settlement of the workers' compensation proceedings. Additionally, the court needed to assess whether the costs associated with the settlement should be charged against DB's assets. This required careful consideration of the statutory framework, particularly section 16(4) of the Guardianship and Administration Act 1990 (WA), which deals with the assessment of costs in such circumstances.

The court found that DB did not have the capacity to make decisions about the settlement of the workers' compensation proceedings due to his mental disability. Consequently, the court held that the costs associated with the settlement should be borne by the estate of DB, in accordance with section 16(4) of the Act. The court emphasised the need to protect DB's interests and ensure that any decisions made on his behalf were in his best interests. The reasoning was grounded in the statutory provisions and the principles of guardianship and administration.

The final orders of the court confirmed that the costs associated with the settlement of the workers' compensation proceedings were to be charged against DB's assets. This decision was based on the findings of incapacity and the statutory requirements for the assessment of costs under the Guardianship and Administration Act 1990 (WA).