GA - [2013] QCAT 71 | CaseChat AU

CITATION:

GA [2013] QCAT 71

PARTIES:

APPLICATION NUMBER:

GAA10251-10 / GAA6618-11 / GAA1605-12 / GAA2408-12 / GAA7496-12 / GAA7497-12 / GAA9850-12 / GAA221-13

MATTER TYPE:

Guardianship and administration matters for adults

HEARING DATE:

24 October 2011 and 22 November 2012

HEARD AT:

Brisbane

DECISION OF:

Jim Allen, Member
Ron Joachim, Member
Dr Bridget Cullen, Member

DELIVERED ON:

25 January 2013

DELIVERED AT:

Brisbane

ORDERS MADE:

1. The Adult guardian is appointed as guardian for GA for decisions about the following personal matters:

(a) Accommodation;

(b) Health care.

2. Unless the Tribunal orders otherwise this appointment remains current for two (2) years.

3. The application by WT for leave to withdraw as administrator is granted.

4. The Public Trustee of Queensland is appointed as administrator for GA for all financial matters.

5. The administrator is to provide a financial management plan to the Tribunal within four (4) months.

6. The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

7. This appointment of the Public Trustee of Queensland remains current until further order of the Tribunal.

8. That before 22 February 2013 the administrator must:

(a) search the records of the Registrar of Titles to identify any property registered in the adult’s name;

(b) give the Registrar of Titles a copy of this order and a notice to the registrar advising that any interest in property held by the adult is subject to this order.

(c) Give to the Tribunal:

(i) a copy of the “Lodgement Summary Form” from the Titles registry confirming the notice has been lodged for each property held by the adult; and

(ii) a copy of the current title searches.

9. If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property the administrator must, within fourteen (14) days of such changes:

(a) give a copy of this order to the Registrar of Titles; and

(b) give a notice to the Registrar about the changes or the adult’s interest in another property.

10. The Tribunal directs WT pursuant to s 32B to:

(a) file in the Tribunal:

(i) his final accounts of administrator; and

(ii) any affidavit in response to the concerns raised by the Tribunal at the hearing on 22 November 2012 within 14 days of today; and

(b) co-operate with Vincent’s Chartered Accountants in carrying out the audit on his and XYZ’s fees.

11a. The Tribunal appoint Vincent’s Chartered Accountants to carry out an audit in respect of the fees claimed by WT as administrator for GA under s 48 and of the fees for which WT is claiming reimbursement under s 47 for the work performed by XYZ for WT as administrator for GA.

11b. In performing its audit Vincent’s Chartered Accountants is to have regard to the following:

(i) any worked billed to GA by XYZ for work performed by WT or XYZ generally which may have already been billed to GA Pty Ltd;

(ii) any work where…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: GA [2013] QCAT 71
Case: [2013] QCAT 71
Decision Date: 25 January 2013

CaseChat Overview and Summary

The case involved an application by the current administrator, WT, to withdraw from their role as administrator for GA, a person who requires a guardian for personal and health decisions. WT also sought to be reimbursed for fees and expenses incurred during their administration. The dispute required the court to decide on the appointment of a new guardian for GA and the suitability of the Public Trustee of Queensland as the new administrator. Additionally, the court needed to address the claims for remuneration and reimbursement of fees made by WT and the necessity of an audit of these claims.

The court considered whether the Public Trustee of Queensland was an appropriate replacement for WT as the administrator. The court examined the qualifications and resources of the Public Trustee and concluded that they were suitable for the role. The court also reviewed the claims for remuneration and reimbursement of fees made by WT, finding that an audit was necessary to ensure transparency and accuracy in the claimed expenses. The court appointed Vincent’s Chartered Accountants to conduct the audit and directed WT to provide necessary documentation for the audit process.

In its decision, the court granted WT's application to withdraw as administrator and appointed the Adult Guardian as the guardian for GA for personal and health matters. The court also appointed the Public Trustee of Queensland as the new administrator for GA's financial matters and directed them to provide a financial management plan and accounts to the Tribunal as required. Furthermore, the court mandated an audit of WT’s claimed fees and directed that the necessary funds be made available for this purpose.

The final orders included the appointment of the Adult Guardian and the Public Trustee of Queensland, the requirement for the new administrator to conduct various searches and provide notices to the Registrar of Titles, and the direction for WT to file final accounts and co-operate with the audit. The audit was to focus on specific aspects of the claimed fees, and the results were to be filed within a specified timeframe. The court adjourned the applications for authorisation of a conflict transaction and directions for GA to a future date.

Orders

Orders of the court

1. The Adult guardian is appointed as guardian for GA for decisions about the following personal matters:

(a) Accommodation;

(b) Health care.

2. Unless the Tribunal orders otherwise this appointment remains current for two (2) years.

3. The application by WT for leave to withdraw as administrator is granted.

4. The Public Trustee of Queensland is appointed as administrator for GA for all financial matters.

5. The administrator is to provide a financial management plan to the Tribunal within four (4) months.

6. The Tribunal directs the administrator to provide accounts to the Tribunal when requested.

7. This appointment of the Public Trustee of Queensland remains current until further order of the Tribunal.

8. That before 22 February 2013 the administrator must:

(a) search the records of the Registrar of Titles to identify any property registered in the adult’s name;

(b) give the Registrar of Titles a copy of this order and a notice to the registrar advising that any interest in property held by the adult is subject to this order.

(i) a copy of the “Lodgement Summary Form” from the Titles registry confirming the notice has been lodged for each property held by the adult; and

(ii) a copy of the current title searches.

9. If the ownership of any property of the adult changes in any way or the adult acquires an interest in another property the administrator must, within fourteen (14) days of such changes:

(a) give a copy of this order to the Registrar of Titles; and

(b) give a notice to the Registrar about the changes or the adult’s interest in another property.

10. The Tribunal directs WT pursuant to s 32B to:

(a) file in the Tribunal:

(i) his final accounts of administrator; and

(ii) any affidavit in response to the concerns raised by the Tribunal at the hearing on 22 November 2012 within 14 days of today; and

(b) co-operate with Vincent’s Chartered Accountants in carrying out the audit on his and XYZ’s fees.

11b. In performing its audit Vincent’s Chartered Accountants is to have regard to the following:

(i) any worked billed to GA by XYZ for work performed by WT or XYZ generally which may have already been billed to GA Pty Ltd;

(ii) any work where the attendance of both WT and KW is noted;

(iii) whether or not the work billed by XYZ except for that performed by WT required the service to be performed by a person at the level of the person who performed the service; and

(iv) any work which was performed by a person other than WT which was not capable of delegation by WT in his role as administrator.

11c. Vincent’s Chartered Accountants is to file its audit in the Tribunal within 14 days of the finalisation of the audit.

11d. The Public Trustee of Queensland is to ensure that the adult’s funds are made available to Vincent’s Chartered Accountants to enable it to carry out the audit.

12. The application for authorisation of a conflict transaction and the applications for directions for GA are adjourned to a date to be fixed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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