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CITATION: GW v Protective Commissioner & Ors [2003] NSWADTAP 61 PARTIES: APPELLANT
In person
FIRST RESPONDENT
Protective Commissioner
SECOND RESPONDENT
HD
THIRD RESPONDENT
GX
FOURTH RESPONDENT
Guardianship TribunalFILE NUMBER: 038007 HEARING DATES: 13/11/03 SUBMISSIONS CLOSED: 11/13/2003 DATE OF DECISION:
11/28/2003DECISION UNDER APPEAL:
Guardianship Tribunal 2001/5986; 2002/6002BEFORE: Hennessy N - Magistrate (Acting President); Leal S - Judicial Member; Houlahan L - Member CATCHWORDS: Financial management order - making - Leave to appeal on other grounds - No error of law MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: C/10432 DATE OF DECISION UNDER APPEAL: 05/23/2003 LEGISLATION CITED: Administrative Decisions Tribunal (General) Regulation 1998
Administrative Decisions Tribunal Act 1997
Guardianship Act 1987
Mental Health Act 1990
Protected Estates Act 1983CASES CITED: K v K [2000] NSWSC 1052
S v S [2001] NSWSC 146
Re R [2000] NSWSC 886
R v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13REPRESENTATION: APPELLANT
In person
FIRST RESPONDENT
No appearance
SECOND RESPONDENT
In person
THIRD RESPONDENT
In person
FOURTH RESPONDENT
E Cho, legal officerORDERS: 1 The decision of the Guardianship Tribunal made on 23 May 2003 is affirmed.; 2 Appeal dismissed
(1A) This section applies only to the following:
- (a) proceedings in the Community Services Division of the Tribunal,
(b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division,
(c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.
(1) A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person:
- (a) who appears as a witness before the Tribunal in any proceedings, or
(b) to whom any proceedings before the Tribunal relate, or
(c) who is mentioned or otherwise involved in any proceedings before the Tribunal,
whether before or after the proceedings are disposed of.
Maximum penalty: 10 penalty units or imprisonment for 12 months, or both.
(2) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section.
(3) For the purposes of this section, a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.
1 GW is a 43 year old man who lives with his mother. The Guardianship Tribunal made two interim financial management orders for periods of 6 months each in respect of GW. The reason for those orders was to wind up a substantial cattle enterprise, which had been run by GW. His ex-wife (GX), and the family accountant (HD) jointly applied to the Tribunal for a financial management order under the Protected Estates Act 1993.
2 On 23 May 2003, the Guardianship Tribunal made the following orders:
- The estate of…
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- AGLC
- GW v Protective Commissioner [2003] NSWADTAP 61
- Case
- [2003] NSWADTAP 61
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the Guardianship Tribunal had erred in law by affirming a financial management order for GW, without sufficient evidence of GW's incapacity. The court was required to assess the process and findings of the Tribunal, and determine if the decision was legally sound.
The court found that the Guardianship Tribunal had not made an error of law in affirming the financial management order. The court noted that the Tribunal had followed the correct procedure, and had made its decision based on sufficient evidence of GW's incapacity to manage their own finances. The court held that the order was appropriate in the circumstances, and affirmed the decision of the Tribunal. The court also dismissed the appeal, finding that there was no other ground on which to allow the appeal.
The final orders of the court were to affirm the decision of the Guardianship Tribunal made on 23 May 2003, and to dismiss the appeal. The court did not find any error of law in the Tribunal's decision, and therefore upheld the financial management order.
Orders
Orders of the court
1 The decision of the Guardianship Tribunal made on 23 May 2003 is affirmed.; 2 Appeal dismissed
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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