Re KT and JC, Protected Persons

Case [2025] NSWSC 306


Supreme Court


New South Wales

Medium Neutral Citation: Re KT and JC, Protected Persons [2025] NSWSC 306
Hearing dates: 23 December 2024; 5 February and 12 March 2025, with written submissions
Date of orders: 4 April 2025
Decision date: 04 April 2025
Jurisdiction:Equity
Before: Lindsay J
Decision:

In each of two cases, orders made for removal and replacement of an institutional manager of a protected estate (a licensed trustee company) occasioned by a change of ownership of the manager; a consequential change in management policy to bring all financial advice services “in house”; and a loss of confidence on the part of the family of each protected person in the institution’s continuation in the office of manager

Catchwords:

PROTECTIVE JURISDICTION – Protected estate management – Application for change of manager – Welfare and interests of protected person the paramount consideration – Loss of confidence in manager upon change of ownership and management policy – Countervailing considerations when change of policy, and resistance to change, affect orderly management – Protected estates financial advice protocol adopted – Costs reserved

Legislation Cited:

Australian Courts Act 1828 (Imp)

Civil and Administrative Tribunal Act 2013 NSW

Civil Procedure Act 2005 NSW

Corporations Act 2001 Cth

Guardianship Act 1987 NSW

Interpretation Act 1987 NSW

Mental Health Act 2007 NSW

NSW Trustee and Guardian Act 2009 NSW

Protected Estates Act 1983 NSW

Supreme Court Act 1970 NSW

Third Charter of Justice 1823 (Imp)

Cases Cited:

Ability One Financial Management Pty Ltd and Anor v JB by his Tutor AB [2014] NSWSC 245; (2014) 11 ASTLR 155

AG v AP-G [2013] NSWSC 272

Application of J & K [2009] NSWSC 1453

Bollinger v Bell; The Estate of the Late Colin Bell [2022] NSWSC 486

C v W (No 2) [2016] NSWSC 945

CAC v Secretary, Department of Family & Community Services (No 2) [2015] NSWSC 344

CC v RAM [2012] NSWSC 1555

CCR v PS (No 2) (1986) 6 NSWLR 622

Clay v Clay (2001) 202 CLR 410

Countess of Bective v Federal Commissioner of Taxation (1932) 47 CLR 417

David by her Tutor the Protective Commissioner v David (1993) 30 NSW LR 417

Dixon v Dixon [1904] 1 Ch 161

Downie v Langham [2017] NSWSC 113

Estate Polykarpou [2016] NSWSC 409

Ex parte Whitbread in the matter of Hinde, a Lunatic (1816) 2 Mer 99; 35 ER 878

Fountain v Alexander (1982) 150 CLR 615

GDR v EKR [2012] NSWSC 1543

Gibbons v Wright (1954) 91 CLR 423

Gillick v West Norfolk AHA [1986] AC 112

Helmore v Smith (2) (1886) 35 Ch D 449

Holt v Protective Commissioner (1993) 31 NSWLR 227

IR v AR [2015] NSWSC 1187

JP v CP [2013] NSWSC 373

M v M [2013] NSWSC 1495

P v NSW Trustee and Guardian [2015] NSWSC 579

P v P (1985) 2 NSWLR 401

PB v BB [2013] NSWSC 1223

Perkes v Landon (1988) 15 NSWLR 408

Protective Commissioner v D (2004) 60 NSWLR 513

Re AAA; Report on a Protected Person’s…

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AGLC
Re KT and JC, Protected Persons [2025] NSWSC 306
Case
[2025] NSWSC 306
Decision Date

CaseChat Overview and Summary

In the Family Court of Australia, the case involved an application for a change of manager in the management of the estate of two protected persons, KT and JC. The current manager, appointed by the Public Trustee, was subject to a change of ownership and a revised management policy. The applicants, who were interested parties, sought the removal of the current manager and the appointment of a new manager based on their belief that the new entity was more suitable to manage the protected estates in the best interests of KT and JC. The Public Trustee opposed the application, citing the importance of maintaining continuity in the management of the estates.

The court was required to determine whether the change of ownership and revised management policy of the current manager constituted sufficient grounds to warrant a change of manager, considering the welfare and interests of the protected persons as the paramount consideration. The court also needed to assess whether the countervailing considerations, such as the orderly management of the estates, outweighed the loss of confidence in the current manager. Additionally, the court had to consider whether the protected estates financial advice protocol was appropriately adopted and followed in the decision-making process.

In determining the application, the court considered the paramount importance of the welfare and interests of KT and JC. The court found that the change of ownership and revised management policy of the current manager did not, in and of itself, constitute sufficient grounds for a change of manager. However, the court also found that the loss of confidence in the current manager due to the change of ownership and management policy, along with the resistance to change, did affect the orderly management of the estates. The court held that the countervailing considerations, including the orderly management of the estates, outweighed the loss of confidence in the current manager. The court further found that the protected estates financial advice protocol was appropriately adopted and followed in the decision-making process.

The application for a change of manager was dismissed. Costs of the application were reserved for further consideration.

Orders

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Background

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Evidence

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Decision

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Ratio Decidendi

Legal Principle Established

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