NSW Trustee and Guardian v Ralph Stern

The case of NSW Trustee and Guardian v Ralph Stern involves a dispute concerning the jurisdiction of the Court to appoint a guardian for mentally ill adults. The NSW Trustee and Guardian, acting as the Public Advocate, sought to have the Court appoint a guardian for Ralph Stern, who is alleged to be mentally ill. The application was contested by Stern, who argued that the Court lacked jurisdiction to appoint a guardian under the Guardianship Act 1987. The case was heard by the Supreme Court of New South Wales.

The primary legal issue before the Court was whether the Guardianship Act 1987 conferred jurisdiction upon the Court to appoint a guardian for mentally ill adults. Specifically, the Court needed to determine if section 8 of the Act provided the necessary jurisdiction for such an appointment. Additionally, the Court had to consider whether, in the absence of such jurisdiction under the Act, it had parens patriae or inherent jurisdiction to appoint a “committee of person” for Stern.

The Court found that section 8 of the Guardianship Act 1987 did not confer the necessary jurisdiction to appoint a guardian over mentally ill adults. Instead, the Court held that the parens patriae or inherent jurisdiction of the Court could be exercised to appoint a “committee of person” for Stern. The Court emphasised that the appointment of a guardian was a matter of significant importance and that any such appointment should be made in accordance with the principles of the common law. The Court's decision underscored the need for clear statutory authority when appointing guardians and the continued relevance of the common law in cases where statutory provisions are silent or ambiguous.

No final orders were made in this extract, but it is likely that the Court would proceed to appoint a “committee of person” for Stern in accordance with its inherent jurisdiction.