JKJ - [2025] WASAT 6 | CaseChat AU

JURISDICTION     :   STATE ADMINISTRATIVE TRIBUNAL
ACT: GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
CITATION:   JKJ [2025] WASAT 6
MEMBER:   MS F CHILD, MEMBER
HEARD:   5 NOVEMBER AND 26 NOVEMBER 2024
FINAL SUBMISSIONS 10 DECEMBER 2024

DELIVERED : 20 JANUARY 2025
FILE NO/S: GAA 5856 of 2024
GAA 5258 of 2023
JKJ
Represented Person
PUBLIC TRUSTEE
Applicant

Catchwords:

Guardianship and administration - Represented person executor and trustee of a deceased estate - Undistributed part of the estate of low value - Whether authority should be given to Public Trustee pursuant to Pt B paragraph (h) of Sch 2 of the Guardianship and Administration Act 1990 (WA) to exercise the power of the represented person as trustee of the deceased estate to seek and receive information from solicitors formerly acting for the represented person as trustee and to complete the distribution of the deceased estate according to the will

Legislation:

Administration Act 1903 (WA), s 43
Guardianship and Administration Act 1990 (WA), s 41(1)(a), s 41(1)(c), s 64, s 65, s 69, s 70, s 71(2), s 72(1), s 74, s 74(3), Pt 6, Sch 2, Pt B
Non-contentious Probate Rules 1967 (WA), r 37
Public Trustee Act 1941 (WA), s 13, s 13(1)
State Administrative Tribunal Act 2004 (WA), s 35, s 35(1), s 60
Superannuation Industry (Supervision) Act 1993 (Cth)
Trustees Act 1962 (WA), s 77, s 77(2)(d)

Result:

Directions given

Category: B

Representation:

Counsel:

Represented Person	:	N/A
Applicant	:	Mr G Cummins

Solicitors:

Represented Person	:	N/A
Applicant	:	On behalf of Public Trustee

Case(s) referred to in decision(s):

Blenkinsop v Herbert [2017] WASCA 87
KWD [2011] WASAT 4
Public Trustee of Western Australia and VV [2012] WASAT 170
Re Londonderry's Settlement [1965] Ch 918
Re The Full Board of the Guardianship and Administration Board [2003] WASCA 268
SQ and IQ [2012] WASAT 165

REASONS FOR DECISION OF THE TRIBUNAL:

Application

By letter dated 11 July 2024, the Public Trustee sought directions pursuant to s 74 of the Guardianship and Administration Act 1990 (WA) (GA Act) in respect of the estate of JKJ (the represented person) for whom the Public Trustee is appointed the plenary administrator of his estate.
The directions sought relate to the represented person's role as the executor and trustee named in the will of the represented person's late aunt RJC (the deceased estate).

Background

The Public Trustee was appointed the plenary administrator of the represented person's estate pursuant to an order of the Tribunal made on 9 January 2024.
That order followed an application by a treating team of a hospital where the represented person was then a patient. I was satisfied on the medical and other health professional's evidence that the represented person lacked capacity to make reasonable judgments in respect of his person and his estate. I was also satisfied that in the circumstances he was in need of an administrator of his estate and a guardian.
As noted, the Public Trustee was appointed the plenary administrator of…

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 JKJ

Details

AGLC: JKJ [2025] WASAT 6
Case: [2025] WASAT 6
Decision Date: 20 JANUARY 2025

CaseChat Overview and Summary

The case involved JKJ, who was the executor and trustee of the deceased estate of a deceased person. The undistributed part of the estate was of low value. The issue before the court was whether the authority should be given to the Public Trustee pursuant to Pt B paragraph (h) of Sch 2 of the Guardianship and Administration Act 1990 (WA) to exercise the power of JKJ as trustee of the deceased estate to seek and receive information from solicitors formerly acting for JKJ as trustee and to complete the distribution of the deceased estate according to the will.

The court was required to determine whether the Public Trustee should be given the authority to exercise the power of the represented person as trustee of the deceased estate to seek and receive information from solicitors formerly acting for the represented person as trustee and to complete the distribution of the deceased estate according to the will. The court found that the authority should be given to the Public Trustee, as it would be in the best interests of the estate and the beneficiaries to do so. The court noted that the estate was of low value and that the Public Trustee would be able to complete the distribution of the estate more efficiently and cost-effectively than JKJ.

The court held that the authority should be given to the Public Trustee to exercise the power of the represented person as trustee of the deceased estate to seek and receive information from solicitors formerly acting for the represented person as trustee and to complete the distribution of the deceased estate according to the will. The court made an order to this effect, granting the authority to the Public Trustee. The order was made under Pt B paragraph (h) of Sch 2 of the Guardianship and Administration Act 1990 (WA).

Orders