QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
GJM [2024] QCAT 166 PARTIES:
IN AN APPLICATION ABOUT MATTERS CONCERNING GJM APPLICATION NO/S:
GAA10668-23, GAA10669-23
MATTER TYPE:
Guardianship and administration matters for adults
DELIVERED ON:
20 March 2024
HEARING DATE:
23 February 2024
HEARD AT:
Brisbane
DECISION OF:
Member Lember
ORDERS:
GUARDIANSHIP
1. The application by [HKC] for the appointment of a guardian for [GJM] is dismissed.
ADMINISTRATION
2. The application by [HKC] for the appointment of an administrator for [GJM] is dismissed.
RESTRICTIVE PRACTICES
3. The application for the appointment of a guardian for restrictive practices for [GJM] filed 22 February 2024 will be listed for hearing on a date to be fixed after appropriate notice to parties. That application is not part-heard and can be listed before any member of the tribunal.
POWERS OF ATTORNEY
4. The oral application by [GJM] for orders under section 118 of the Powers of Attorney Act 1988 will be determined on the papers on the written submissions of the parties. To that end:
(a) [GJJ] may file in the Tribunal submissions on its application for directions/costs and written confirmation of the orders sought, and must give a copy to each other active party by:
4:00pm on 19 April 2024.
(b) Each other active party may file in the Tribunal submissions in reply to the application for directions/costs and orders sought and must give a copy to each other active party (including [GJJ]) by:
4:00pm on 3 May 2024.
(c) The application for directions/costs will be determined after 3 May 2024.
CATCHWORDS:
Guardianship and Administration Act 2000 (Qld) s 5, s 7, s 11, 11B, s 11C, s 12, s 22, s 34, s 129, s 131, sch 4
Human Rights Act 2019 (Qld) s 8, s 13, s 19, s 24, s 25, s 26, s 31, s 48
Powers of Attorney Act 1998 (Qld) s 6A, s 6C, s 20, s 70, s 118
ARR [2015] QCAT 383
Aziz v Prestige Property Services Pty Ltd [2007] QSC 265
CED [2012] QCAT 386
CJP [2013] QCAT 663
FDN [2011] QCAT 325
HFG [2013] QCAT 327
JMS v Adult Guardian [2013] QCATA 135
LER [2017] QCAT 266
Maffey v Mueller [2016] QCATA 19
Queensland Building and Construction Commission v Richardson [2015] QCATA 85
Re BAH [2007] QGAAT 77
Re KAB [2008] QGAAT 29
SBG [2015] QCAT 287
SLE [2010] QCAT 251
WBC [2014] QCAT 502
WJB v BLZ [2019] QCATA 92
APPEARANCES & REPRESENTATION:
Mr L Brown, solicitor, for the applicant, HKC
HKC, applicant, partner of GJM
Mr M Crofton, of Counsel instructed by Ms Cornford-Scott
Ms A Cornford-Scott, solicitor for GJJ instructing Mr Crofton
GJJ, daughter of GJM
PJJ, brother of GJM
Ms Starkes, Office of the Public Guardian
Ms Tait, Office of the Public Guardian
Ms Whalley, social worker
REASONS FOR DECISION
What is the application about?
GJM is a sixty-four-year-old woman who is diagnosed with early-onset…
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- AGLC
- GJM [2024] QCAT 166
- Case
- [2024] QCAT 166
- Decision Date
CaseChat Overview and Summary
The court examined the relevant statutory provisions, including sections 5, 7, 11, 11B, 11C, 12, 22, 34, 129, 131 of the Guardianship and Administration Act 2000 (Qld) and sections 8, 13, 19, 24, 25, 26, 31, 48 of the Human Rights Act 2019 (Qld). The court considered whether GJM's capacity to manage their own affairs was impaired to the extent that a guardian or administrator was necessary. Additionally, the court reviewed GJM's application under the Powers of Attorney Act 1998, focusing on the appropriateness and necessity of the requested orders.
The court dismissed the application for the appointment of a guardian and an administrator for GJM, finding that GJM did not meet the threshold for such appointments. Regarding GJM's application under the Powers of Attorney Act 1998, the court decided to determine the matter on the written submissions of the parties, setting deadlines for the filing of submissions and the determination of the application. The application for the appointment of a guardian for restrictive practices was to be listed for a future hearing.
The court issued orders dismissing the applications for a guardian and an administrator. It also set timelines for the parties to file written submissions in relation to GJM's application for orders under the Powers of Attorney Act 1998 and scheduled a future hearing for the application concerning restrictive practices.
Orders
Orders of the court
GUARDIANSHIP
1. The application by [HKC] for the appointment of a guardian for [GJM] is dismissed.
ADMINISTRATION
2. The application by [HKC] for the appointment of an administrator for [GJM] is dismissed.
RESTRICTIVE PRACTICES
3. The application for the appointment of a guardian for restrictive practices for [GJM] filed 22 February 2024 will be listed for hearing on a date to be fixed after appropriate notice to parties. That application is not part-heard and can be listed before any member of the tribunal.
POWERS OF ATTORNEY
4. The oral application by [GJM] for orders under section 118 of the Powers of Attorney Act 1988 will be determined on the papers on the written submissions of the parties. To that end:
(a) [GJJ] may file in the Tribunal submissions on its application for directions/costs and written confirmation of the orders sought, and must give a copy to each other active party by:
4:00pm on 19 April 2024.
(b) Each other active party may file in the Tribunal submissions in reply to the application for directions/costs and orders sought and must give a copy to each other active party (including [GJJ]) by:
4:00pm on 3 May 2024.
(c) The application for directions/costs will be determined after 3 May 2024.
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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