GKC (No 2) - [2024] NSWCATGD 7

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: GKC (No 2) [2024] NSWCATGD 7
Hearing dates: 10 November 2023
23 February 2024
Date of orders: 10 November 2023
23 February 2024
Decision date: 23 February 2024
Jurisdiction: Guardianship Division
Before:
10 November 2023

J Moir, Senior Member (Legal)
M Bain, Senior Member (Professional)

23 February 2024
J Moir, Senior Member (Legal)
M Bain, Senior Member (Professional)
P Davidson, General Member (Community)

Decision:
10 November 2023
The guardianship order concerning GKC made on 20 July 2022 which took effect from [The date that GKC turned 18], is lapsed from 10 November 2023. Today’s hearing of the review of the financial management order is adjourned for up to three months to a day to be confirmed by the registry.
The financial management order made on 20 July 2022, to take effect from [The date that GKC turned 18], is revoked from 23 February 2024. The NSW Trustee and Guardian is to pay over or hand over the estate to GKC.
23 February 2024
The financial management order made on 20 July 2022, to take effect from [The date that GKC turned 18], is revoked from 23 February 2024. The NSW Trustee and Guardian is to pay over or hand over the estate to GKC.

Catchwords:
GUARDIANSHIP – end-of-term and requested reviews of guardianship order – whether a further guardianship order should be made – 19-year-old man with autism spectrum disorder – finding that the subject person is able to make own important life decisions with informal support – subject person is no longer a person for whom the Tribunal could make a guardianship order – order allowed to lapse
FINANCIAL MANAGEMENT – requested review of financial management order – whether it is in the best interests of the subject person that the financial management order be revoked – substantial improvement in management of own financial affairs – order revoked

Legislation Cited:
Guardianship Act 1987 (NSW), ss 3(1)-(2), 14

Cases Cited:
P v NSW Trustee and Guardian [2015] NSWSC 579

Texts Cited:
None cited.

Category: Principal judgment
Parties:
005: Review of Guardianship Order

GKC (the person)
Public Guardian (appointed guardian)
SZH (joined party)

006: Review of Reviewable Financial Management Order

GKC (the person)
NSW Trustee and Guardian (appointed financial manager)
SZH (joined party)

007: Requested Review of Guardianship Order

GKC (the person)
SZH (applicant)
Public Guardian (appointed guardian)

008: Review or Revoke Financial Management Order

GKC (the person)
SZH (applicant)
NSW Trustee and Guardian (appointed financial manager)

011: Review or Revoke Financial Management Order

GKC (the person)
CYD (applicant)
NSW Trustee and Guardian (appointed financial manager)

012: Requested Review of Guardianship Order
GKC (the person)
CYD (applicant)
Public Guardian (appointed guardian)
Representation: Solicitors: P Mathers, Separate Representative for GKC

File Number(s): NCAT 2022/00106202
Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal’s proceedings: Civil and Administrative Tribunal Act 2013 (NSW),…

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.

Continue reading GKC (No 2)

Details

AGLC: GKC (No 2) [2024] NSWCATGD 7
Case: [2024] NSWCATGD 7
Decision Date: 23 February 2024

CaseChat Overview and Summary

The case involves a 19-year-old man, referred to as GKC, who has an autism spectrum disorder. The dispute centres on whether a guardianship order and a financial management order, which were put in place when GKC turned 18, should be continued or allowed to lapse. The court hearing was held in the New South Wales Civil and Administrative Tribunal.

The primary legal issues the court needed to resolve were whether GKC still required a guardianship order due to his ability to make his own important life decisions with informal support, and whether it was in his best interests to continue with the financial management order given his improved ability to manage his own financial affairs. The court examined the evidence and findings from the initial orders and subsequent reviews to determine if GKC remained a person for whom a guardianship order could be made and if the financial management order was still necessary.

The court concluded that GKC's capacity to make his own important life decisions with the assistance of informal support meant that he no longer qualified for a guardianship order. The court also found that GKC had substantially improved his ability to manage his own financial affairs, leading to the decision that the financial management order was no longer in his best interests. Consequently, the guardianship order was allowed to lapse, and the financial management order was revoked.

The court's orders included lapsing the guardianship order from 10 November 2023 and revoking the financial management order from 23 February 2024, with the NSW Trustee and Guardian required to hand over the estate to GKC by that date. The hearing of the financial management order review was adjourned for up to three months to allow for the necessary preparations.

Orders

Orders of the court

10 November 2023

The guardianship order concerning GKC made on 20 July 2022 which took effect from [The date that GKC turned 18], is lapsed from 10 November 2023. Today’s hearing of the review of the financial management order is adjourned for up to three months to a day to be confirmed by the registry.

The financial management order made on 20 July 2022, to take effect from [The date that GKC turned 18], is revoked from 23 February 2024. The NSW Trustee and Guardian is to pay over or hand over the estate to GKC.

23 February 2024

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	GKC (No 2) [2024] NSWCATGD 7
Hearing dates:	10 November 2023 23 February 2024
Date of orders:	10 November 2023 23 February 2024
Decision date:	23 February 2024
Jurisdiction:	Guardianship Division
Before:	10 November 2023 J Moir, Senior Member (Legal) M Bain, Senior Member (Professional) 23 February 2024 J Moir, Senior Member (Legal) M Bain, Senior Member (Professional) P Davidson, General Member (Community)
Decision:	10 November 2023 The guardianship order concerning GKC made on 20 July 2022 which took effect from [The date that GKC turned 18], is lapsed from 10 November 2023. Today’s hearing of the review of the financial management order is adjourned for up to three months to a day to be confirmed by the registry. The financial management order made on 20 July 2022, to take effect from [The date that GKC turned 18], is revoked from 23 February 2024. The NSW Trustee and Guardian is to pay over or hand over the estate to GKC. 23 February 2024 The financial management order made on 20 July 2022, to take effect from [The date that GKC turned 18], is revoked from 23 February 2024. The NSW Trustee and Guardian is to pay over or hand over the estate to GKC.
Catchwords:	GUARDIANSHIP – end-of-term and requested reviews of guardianship order – whether a further guardianship order should be made – 19-year-old man with autism spectrum disorder – finding that the subject person is able to make own important life decisions with informal support – subject person is no longer a person for whom the Tribunal could make a guardianship order – order allowed to lapse FINANCIAL MANAGEMENT – requested review of financial management order – whether it is in the best interests of the subject person that the financial management order be revoked – substantial improvement in management of own financial affairs – order revoked
Legislation Cited:	Guardianship Act 1987 (NSW), ss 3(1)-(2), 14
Cases Cited:	P v NSW Trustee and Guardian [2015] NSWSC 579
Texts Cited:	None cited.
Category:	Principal judgment
Parties:	005: Review of Guardianship Order GKC (the person) Public Guardian (appointed guardian) SZH (joined party) 006: Review of Reviewable Financial Management Order GKC (the person) NSW Trustee and Guardian (appointed financial manager) SZH (joined party) 007: Requested Review of Guardianship Order GKC (the person) SZH (applicant) Public Guardian (appointed guardian) 008: Review or Revoke Financial Management Order GKC (the person) SZH (applicant) NSW Trustee and Guardian (appointed financial manager) 011: Review or Revoke Financial Management Order GKC (the person) CYD (applicant) NSW Trustee and Guardian (appointed financial manager) 012: Requested Review of Guardianship Order GKC (the person) CYD (applicant) Public Guardian (appointed guardian)
Representation:	Solicitors: P Mathers, Separate Representative for GKC
File Number(s):	NCAT 2022/00106202
Publication restriction:	Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal’s proceedings: Civil and Administrative Tribunal Act 2013 (NSW),…