Madelyn (a pseudonym) - [2025] NSWCATGD 10

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Madelyn (a pseudonym) [2025] NSWCATGD 10
Hearing dates: 15 August 2025
Date of orders: 15 August 2025
Decision date: 15 August 2025
Jurisdiction: Guardianship Division
Before: S L Handebo, Principal Member
Decision:
A guardianship order for Madelyn made on 12 July 2024 has been reviewed and is confirmed.

Catchwords:
GUARDIANSHIP – requested review of guardianship order – 26-year-old woman with schizophrenia – whether order should be revoked – finding that the subject person continues to be a person “in need of a guardian” despite improvement in mental health – whether order should be varied to include a passport and travel function – concerns that subject person may be taken overseas to participate in a forced marriage – definition of “forced marriage” – insufficient evidence that subject person at risk of forced marriage – inclusion of passport and travel functions would be unnecessarily restrictive – guardianship order not varied – existing guardianship order confirmed.

Legislation Cited:
Guardianship Act 1987 (NSW), ss 3(1)-(2), 14, 14(2), 15(3), 17(1)

Cases Cited:
C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep)
IF v IG [2004] NSWADTAP 3
P v D1 & Ors [2011] NSWSC 257
Re B [2011] NSWSC 1075

Texts Cited:
Australian Government, Attorney-General’s Department, “Forced Marriage”
18 August 2025
My Blue Sky
18 August 2025

Category: Principal judgment
Parties:
017: Requested Review of Guardianship Order

Madelyn (the person)
Andrea (applicant)
Public Guardian (appointed guardian)

018: Requested Review of Guardianship Order
Madelyn (the person)
Janice (applicant)
Public Guardian (appointed guardian)
Representation: J Creswell, separate representative for Madelyn

File Number(s): NCAT 2020/00277472
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), s 65.

REASONS FOR DECISION

Madelyn is a 26-year-old woman who, at the time of the Hearing, was residing with her mother, Andrea, in Southwest Sydney. Prior to moving to live with Andrea, approximately one month prior to the Hearing, Madelyn was living in supported accommodation in West Sydney managed by a disability support service provider. Madelyn is a participant of the National Disability Insurance Scheme (NDIS).
Madelyn has been known to the Tribunal since 2021 when a guardianship order was first made for her. The guardianship order for Madelyn has been renewed and varied on multiple occasions since this time. The most recent guardianship order was made on 12 July 2024 when the Tribunal reappointed the Public Guardian as Madelyn’s guardian for a period of two years with the functions of accommodation, access, health care and services.
Madelyn has previously been subject to a financial management order. On 7 May 2025, this order was revoked by the Tribunal.
On 5 May 2025, the Tribunal received a request to review the guardianship order. This application was made by Andrea, who sought that…

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 Madelyn (a pseudonym)

Details

AGLC: Madelyn (a pseudonym) [2025] NSWCATGD 10
Case: [2025] NSWCATGD 10
Decision Date: 15 August 2025

CaseChat Overview and Summary

In the case of Madelyn, a pseudonymous 26-year-old woman diagnosed with schizophrenia, the matter came before the court for a review of her guardianship order. The primary issue was whether the existing guardianship order, which was put in place to protect Madelyn, should be revoked or varied. A significant aspect of the review was the determination of whether Madelyn, despite improvements in her mental health, still required a guardian. Additionally, the court examined whether the guardianship order should be amended to include a passport and travel function, given concerns that she might be taken overseas to participate in a forced marriage.

The court addressed the legal issues by considering whether Madelyn still met the criteria of being a person "in need of a guardian," as stipulated by the relevant legislation. The court found that despite her progress, Madelyn's mental health condition still necessitated a guardianship arrangement to ensure her welfare and protection. Regarding the passport and travel function, the court noted the definition of "forced marriage" and evaluated the evidence presented. The court concluded that there was insufficient evidence to suggest that Madelyn was at risk of being forced into a marriage. Furthermore, the inclusion of a passport and travel function in the guardianship order would impose unnecessary restrictions on Madelyn’s personal freedoms.

After thorough consideration, the court decided not to vary the existing guardianship order. The order was confirmed as it stood, maintaining the guardianship arrangement while acknowledging Madelyn's improvements. The court determined that the existing order adequately protected Madelyn's interests without unduly limiting her autonomy. The final orders confirmed the guardianship order made on 12 July 2024, leaving it in place without alterations.

Orders

Orders of the court

A guardianship order for Madelyn made on 12 July 2024 has been reviewed and is confirmed.

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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Medium Neutral Citation:	Madelyn (a pseudonym) [2025] NSWCATGD 10
Hearing dates:	15 August 2025
Date of orders:	15 August 2025
Decision date:	15 August 2025
Jurisdiction:	Guardianship Division
Before:	S L Handebo, Principal Member
Decision:	A guardianship order for Madelyn made on 12 July 2024 has been reviewed and is confirmed.
Catchwords:	GUARDIANSHIP – requested review of guardianship order – 26-year-old woman with schizophrenia – whether order should be revoked – finding that the subject person continues to be a person “in need of a guardian” despite improvement in mental health – whether order should be varied to include a passport and travel function – concerns that subject person may be taken overseas to participate in a forced marriage – definition of “forced marriage” – insufficient evidence that subject person at risk of forced marriage – inclusion of passport and travel functions would be unnecessarily restrictive – guardianship order not varied – existing guardianship order confirmed.
Legislation Cited:	Guardianship Act 1987 (NSW), ss 3(1)-(2), 14, 14(2), 15(3), 17(1)
Cases Cited:	C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) IF v IG [2004] NSWADTAP 3 P v D1 & Ors [2011] NSWSC 257 Re B [2011] NSWSC 1075
Texts Cited:	Australian Government, Attorney-General’s Department, “Forced Marriage” 18 August 2025 My Blue Sky 18 August 2025
Category:	Principal judgment
Parties:	017: Requested Review of Guardianship Order Madelyn (the person) Andrea (applicant) Public Guardian (appointed guardian) 018: Requested Review of Guardianship Order Madelyn (the person) Janice (applicant) Public Guardian (appointed guardian)
Representation:	J Creswell, separate representative for Madelyn
File Number(s):	NCAT 2020/00277472
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), s 65.