Drew v H

Drew, the father of a person suffering from mental health issues, sought an interim order for the appointment of a manager for his daughter's affairs. The case was heard by the Supreme Court of Victoria, which was required to determine whether it had jurisdiction to grant such an order and, if so, what matters needed to be established. The primary concern was whether the court could make an interim order for the appointment of a manager without a full hearing, and if so, what criteria must be met for such an order to be granted.

The court considered whether it had jurisdiction to make an interim order for the appointment of a manager without a full hearing, focusing on the statutory provisions under the Mental Health Act 2014 (Vic). The court also needed to determine what matters must be established to justify such an interim order. Specifically, the court examined whether the alleged incapable person was indeed incapable, and if so, whether the appointment of a manager was necessary in the interim period.

The court held that it did have the jurisdiction to make an interim order for the appointment of a manager but clarified the matters that must be established. It found that the applicant must demonstrate that the alleged incapable person was indeed incapable and that the appointment of a manager was necessary to protect the person's interests. The court emphasised the importance of evidence to substantiate these claims and noted that interim orders should be granted sparingly and with careful consideration of the circumstances. The court ultimately found that the necessary criteria had not been met in this instance, and therefore did not grant the interim order.

In summary, the court determined that while it had the jurisdiction to make an interim order for the appointment of a manager, the applicant had not established the necessary criteria to warrant such an order. The court did not grant the interim order and outlined the requirements that would need to be met in any future application.