GJM

Case [2024] QCAT 166


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

BM [2010] QCAT 115

CED [2012] QCAT 386

CJP [2013] QCAT 663

ER [2010] QCAT 688

FDN [2011] QCAT 325

HFG [2013] QCAT 327

HS [2015] QCAT 536

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

TS [2011] QCAT 112

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?

  1. GJM is a sixty-four-year-old woman who is diagnosed with early-onset…

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Details
AGLC
GJM [2024] QCAT 166
Case
[2024] QCAT 166
Decision Date

CaseChat Overview and Summary

In the matter of GJM, the court considered applications concerning the guardianship and administration of GJM's affairs. The application for the appointment of a guardian and an administrator was made by HKC, while GJM sought orders under section 118 of the Powers of Attorney Act 1998 (Qld). The court was tasked with deciding whether GJM required a guardian or an administrator and whether GJM's application for orders under the Powers of Attorney Act 1998 should be granted.

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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