EW

The case of EW involved a dispute over the administration of an enduring power of attorney. The applicant sought an audit of the transactions of the attorney who had been appointed under the power of attorney. The matter was heard in the Supreme Court of South Australia. The legal issues before the court included whether the court had jurisdiction to order an audit of the attorney's transactions and if so, whether such an order should be made in this case.

The court held that it had jurisdiction to order an audit of the attorney's transactions. This jurisdiction extended to cases involving both deceased and capable donors. The court found that the phrase 'in connection with the power' was of wide import and could encompass the attorney's conduct in administering the power of attorney. The court further determined that its discretion to order an audit should be exercised when it was satisfied that something required an inquiry. The scope of the inquiry was to be determined by the expected utility that would be derived from it. Given the nature of the dispute and the concerns raised, the court concluded that an audit would be beneficial and made an order for an audit to be conducted.

In summary, the court exercised its general supervisory jurisdiction over the conduct of attorneys under an enduring power of attorney and found that it had the authority to order an audit of the attorney's transactions. The court considered the utility of such an inquiry and concluded that it was appropriate to order an audit in this case to address the concerns raised by the applicant.