PE - [2016] QCAT 285 | CaseChat AU

CITATION:

PE [2016] QCAT 285

PARTIES:

APPLICATION NUMBER:

GAA3865-16; GAA7858-16

MATTER TYPE:

Guardianship and administration matters for adults

HEARING DATE:

8 August 2016

HEARD AT:

Brisbane

DECISION OF:

Member Joachim

DELIVERED ON:

8 August 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

GUARDIANSHIP

1. The application for the appointment of a guardian by CE and CTJ is dismissed.

DIRECTIONS

2. The application for directions is adjourned to a date to be fixed.

3. The Public Trustee of Queensland is directed to liaise with Macrossan and Amiet Solicitors, regarding the two (2) accounts sent to the applicants for legal expenses incurred in preparing the application for Guardianship, to provide further and better analysis of the costs.

4. The Public Trustee of Queensland is to provide a written report to the Tribunal within four (4) months on the analysis, whether the costs are reasonable and justified and whether they should be paid for by the Adult.

5. The Public Trustee of Queensland is to provide a copy of the written reasons in this matter to Macrossan and Amiet Solicitors.

CATCHWORDS:

HUMAN RIGHTS – TRIBUNALS, COMMISSIONS AND OTHER AUTHORITIES – QUEENSLAND – where applicants seek an appointment as guardians essentially for health decisions – whether statutory health attorney regime is satisfactory

HUMAN RIGHTS – TRIBUNALS, COMMISSIONS AND OTHER AUTHORITIES – QUEENSLAND – where appointed administrator seeks directions to pay applicant’s legal bill for preparing guardianship application

Guardianship and Administration Act 2000 (Qld), s 12, s 138
Powers of Attorney Act 1998 (Qld), s 62, s 63

APPEARANCES:

CE – Parent/Applicant
CTJ – Brother/Applicant
The Public Trustee of Queensland – Administrator/Applicant

REASONS FOR DECISION

PE lives in Cremorne Queensland with her elderly mother CE and her brother, CTJ.
PE is an insulin dependent diabetic. Her mother and brother applied to the Queensland Civil and Administrative Tribunal by application received on 5 April 2016 to be appointed as PE’s guardian.
The principal reason for the application was so that they could make health care decisions for PE.
This application was followed by an application from the Public Trustee, PE’s administrators seeking directions. The Public Trustee sought directions such that the Public Trustee might pay legal accounts from a firm of solicitors Macrossan and Amiet Solicitors.[1]
[1]Guardianship and Administration Act 2000 (Qld) s 138.
This firm was engaged by CE to prepare the application for guardianship.
Two accounts were issued by Macrossan and Amiet totalling $3,785.95.
The reason for the application was that the accounts were issued in the name of CE and not in the name of the adult, PE.
The Public Trustee are unable to pay accounts in the name of a person other than their client’s name.
The applications were heard in Brisbane by teleconference on 8 August 2016.
The application for guardianship is an application under s 12 of the Guardianship and Administration Act 2000 (Qld). This requires the Tribunal to firstly consider PE’s capacity for decision-making for personal matters and then to consider whether there is a need to appoint a…

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 PE

Details

AGLC: PE [2016] QCAT 285
Case: [2016] QCAT 285
Decision Date: 8 August 2016

CaseChat Overview and Summary

The case involved two applicants, CE and CTJ, who sought to be appointed as guardians for a person essentially for health decisions. The applicants argued that the statutory health attorney regime was not satisfactory and requested directions to pay their legal bill for preparing the guardianship application. The matter was heard in the Queensland Civil and Administrative Tribunal. The primary legal issue was whether the statutory health attorney regime adequately addressed the applicants' concerns and whether the costs incurred for preparing the guardianship application should be paid by the adult in question.

The Tribunal dismissed the application for the appointment of a guardian by CE and CTJ. The Tribunal found that the statutory health attorney regime was sufficient to address the applicants' concerns and did not warrant the appointment of a guardian. The application for directions was adjourned to a later date. Regarding the legal costs, the Tribunal directed the Public Trustee of Queensland to liaise with Macrossan and Amiet Solicitors to provide a further analysis of the costs. The Public Trustee was required to provide a written report to the Tribunal within four months, outlining whether the costs were reasonable and justified and whether they should be paid for by the adult. Additionally, the Public Trustee was to provide a copy of the written reasons in this matter to Macrossan and Amiet Solicitors.

In conclusion, the Tribunal dismissed the application for the appointment of a guardian and adjourned the application for directions to a later date. The Tribunal directed the Public Trustee of Queensland to liaise with Macrossan and Amiet Solicitors to provide a further analysis of the costs incurred for preparing the guardianship application. The Public Trustee was to provide a written report to the Tribunal within four months on the analysis, whether the costs were reasonable and justified, and whether they should be paid for by the adult. The Public Trustee was also required to provide a copy of the written reasons in this matter to Macrossan and Amiet Solicitors.

Orders

Orders of the court

GUARDIANSHIP

1. The application for the appointment of a guardian by CE and CTJ is dismissed.

DIRECTIONS

2. The application for directions is adjourned to a date to be fixed.

5. The Public Trustee of Queensland is to provide a copy of the written reasons in this matter to Macrossan and Amiet Solicitors.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.