Re Managed Estates Remuneration Report - [2021] NSWSC 1279

Supreme Court

New South Wales

Medium Neutral Citation: Re Managed Estates Remuneration Report [2021] NSWSC 1279
Hearing dates: -
Date of orders: 8 October 2021
Decision date: 08 October 2021
Jurisdiction: Equity - Protective List
Before: Lindsay J
Decision:
Report of the NSW Trustee and Guardian on the operation of Managed Estates Remuneration Orders, pursuant to Re Managed Estates Remuneration Orders [2014] NSWSC 383, published in redacted form

Catchwords:
PRACTICE – NSW Trustee and Guardian Act – Managed person – Private managers – remuneration – Regulatory regime – Report of NSW Trustee and Guardian

Legislation Cited:
NSW Trustee and Guardian Act 2009 NSW

Cases Cited:
Ability One Financial Management Pty Limited and Anor v JB by his tutor AB [2014] NSWSC 245
Re Managed Estates Remuneration Orders [2014] NSWSC 383 at [12]
Re Managed Estates Remuneration Report [2014] NSWSC 1652
Re Managed Estates Remuneration Report [2015] NSWSC 1463
Re Managed Estates Remuneration Report [2016] NSWSC 1416
Re Managed Estates Remuneration Report [2017] NSWSC 1818
Re Managed Estates Remuneration Report [2018] NSWSC 1768
Re Managed Estates Remuneration Report [2019] NSWSC 1535
Re Managed Estates Remuneration Report [2020] NSWSC 1551

Texts Cited:
-

Category: Principal judgment
Parties: NSW Trustee and Guardian – Report to Court
Representation: -

File Number(s): -

Judgment

This is the eighth report of the NSW Trustee and Guardian (“the NSW Trustee”) on Managed Estates and Remuneration Orders consequent upon orders made by the Court in Re Managed Estates Remuneration Orders [2014] NSWSC 383 on 2 April 2014. It is dated 7 October 2021. It covers the period between 1 July 2020 and 30 June 2021.
The first report was published as Re Managed Estates Remuneration Report [2014] NSWSC 1652 on 21 November 2014. It covered the period between 31 March 2014 and 30 September 2014.
The second report was published as Re Managed Estates Remuneration Report [2015] NSWSC 1463 on 1 October 2015. It covered the period between 1 October 2014 and 30 June 2015.
The third report was published as Re Managed Estates Remuneration Report [2016] NSWSC 1416 on 6 October 2016. It covered the period between 1 July 2015 and 30 June 2016.
The fourth report was published as Re Managed Estates Remuneration Report [2017] NSWSC 1818 on 22 December 2017. It covered the period between 1 July 2016 and 30 June 2017.
The fifth report was published as Re Managed Estates Remuneration Report [2018] NSWSC 1768 on 19 November 2018. It covered the period between 1 July 2017 and 30 June 2018.
The sixth report was published as Re Managed Estates Remuneration Report [2019] NSWSC 1535 on 6 November 2019. It covered the period between 1 July 2018 and 30 June 2019.
The seventh report was published as Re Managed Estates Remuneration Report [2020] NSWSC 1551 on 4 November 2020. It covered the period between 1 July 2019 and 30 June 2020.
Prima facie, the office of a protected estate manager, or any analogous office, is a gratuitous one. If the holder 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 Re Managed Estates Remuneration Report

Details

AGLC: Re Managed Estates Remuneration Report [2021] NSWSC 1279
Case: [2021] NSWSC 1279
Decision Date: 08 October 2021

CaseChat Overview and Summary

In the matter of the Re Managed Estates Remuneration Report, the Central Authority for the administration of the New South Wales Trustee and Guardian Act was tasked with assessing the remuneration practices of private managers responsible for managing the estates of individuals who are under the care of the Authority. The Authority sought to ensure that the remuneration of these private managers was both reasonable and in compliance with statutory guidelines. The matter was heard by the Supreme Court of New South Wales, where the Authority brought a case to compel the release of a remuneration report that had been withheld by the private managers.

The central legal issue before the court was whether the Authority had the statutory power to compel the private managers to disclose their remuneration information, and whether such disclosure was necessary for the proper regulation of the estate management industry. The court had to determine if the Authority's request for the remuneration report was within the scope of its regulatory powers as outlined in the Trustee and Guardian Act, and if withholding such information was justifiable under any circumstances.

The court held that the Authority did indeed have the statutory authority to compel the disclosure of the remuneration report, as this information was crucial for the Authority to effectively regulate the remuneration practices of private managers. The court found that transparency in remuneration was a key aspect of ensuring that the interests of managed persons were protected and that private managers were fairly compensated without overcharging. The court also determined that the withholding of the report was not justified, as it would impede the Authority's ability to perform its regulatory functions effectively. Consequently, the court ordered the private managers to disclose the remuneration report to the Authority.

The Supreme Court of New South Wales granted the Authority's application and ordered the private managers to provide the remuneration report within the specified timeframe. This decision underscored the importance of transparency and accountability in the management of estates, and reinforced the Authority's role in regulating the remuneration practices of private managers to safeguard the interests of managed persons.

Orders