IS v Public Guardian & Ors

In the case of IS v Public Guardian & Ors, the applicant, IS, sought leave to appeal to the Supreme Court of Western Australia from a decision of the Guardianship Tribunal. The Tribunal had revoked IS' appointment as enduring guardian of IT, a process which involved reviewing the legality and fairness of the Tribunal's decision-making process. The central dispute focused on whether the Guardianship Tribunal had applied its mind to the relevant material and whether the process was fair.

The legal issues before the court were whether the Guardianship Tribunal had failed to consider relevant material, and if it had, whether the failure constituted a breach of procedural fairness. The applicant argued that the Tribunal had not properly considered certain evidence and submissions, and that this failure amounted to a breach of natural justice. The court was required to determine if the Tribunal's procedural errors were substantial enough to warrant setting aside the decision.

The court held that while the Guardianship Tribunal had considered some of the relevant material, it had failed to consider other significant evidence. This failure meant that the Tribunal had not applied its mind to all relevant material, which was a fundamental requirement of procedural fairness. Consequently, the court found that the Guardianship Tribunal's decision was flawed. As a result, the decision to revoke IS' appointment as enduring guardian and the guardianship order in relation to IT were affirmed, but the power of attorney decision was set aside. The matter was remitted to the Tribunal for redetermination in accordance with the court's reasons.