Administration Review by Full Tribunal of determination of single member to dismiss application for administration order Proposed represented person lived in Western Australia for 30 years until mid1990s and now resides in Queensland Proposed represented person has significant cognitive impairment Proposed represented person has significant debts Son of proposed represented person appointed as financial administrator of his estate in Queensland by Queensland Civil and Administrative Tribunal Son received legal advice that proposed represented person should seek voluntary bankruptcy Debtor's Petition and Statement of Affairs not accepted because Queensland administration order does not specifically allow for bankruptcy proceedings Whether Queensland administration order 'recognised' in Western Australia Whether administration order can be made for proposed represented person in Western Australia Whether 'estate' of proposed represented person includes liabilities as well as assets Whether administration order should be made for proposed represented person in Western Australia Words and phrases: 'estate'

Legislation:

Bankruptcy Act 1966 (Cth)
Guardianship and Administration Act 1990 (WA), s 3(1), s 17A, s 40, s 64, s 64(1), s 67(1), s 68, s 68(3), s 70(3), s 71, s 71(3), s 83D, s 83D(1), Sch 2, Pt A
Guardianship and Administration Act 2000 (Qld)

Result:

Application for review allowed
Plenary administration order made

Summary of Tribunal's decision:

The son of a proposed represented person sought review by a Full Tribunal of the decision of a single member to dismiss the son's application for an administration order appointing him as his father's administrator. The proposed represented person had lived in Western Australia for 30 years until the mid1990s and since then has had an unclaimed money account in the amount of 45 cents from an inoperative TAB betting account in this State. The proposed represented person lives in Queensland and has significant cognitive impairment.
The son was appointed as financial administrator of his father's estate in Queensland by the Queensland Civil and Administrative Tribunal. The son received legal advice that because his father has significant debts, he should apply for voluntary bankruptcy. However, the Debtor's Petition and Statement of Affairs was not accepted, because the Queensland administration order does not specifically allow for bankruptcy proceedings. The son therefore applied for an administration order in Western Australia.
The Full Tribunal determined that the Queensland administration order is not 'recognised' in Western Australia, because the proposed represented person has not 'entered' this State. It could not therefore be said that there is no need for an administration order to be made in Western Australia, because of the Queensland administration order.
The Full Tribunal determined that an administration order…

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 SAL and JGL

Details

AGLC: SAL and JGL [2016] WASAT 63
Case: [2016] WASAT 63
Decision Date: 10 MAY 2016

CaseChat Overview and Summary

In the case of SAL and JGL, the Tribunal was called upon to review a determination made by a single member to dismiss an application for an administration order. The applicant, JGL, sought an administration order for his father, SAL, who resides in Queensland but previously lived in Western Australia. SAL has significant cognitive impairment and substantial debts. JGL has been appointed as the financial administrator of SAL's estate by the Queensland Civil and Administrative Tribunal and has been advised to seek voluntary bankruptcy. However, the Queensland administration order does not specifically allow for bankruptcy proceedings, leading to the rejection of SAL's Debtor's Petition and Statement of Affairs.

The central legal issues before the Tribunal were whether the Queensland administration order was recognised in Western Australia and if an administration order could be made for SAL in that state. Additionally, the Tribunal needed to determine whether SAL's 'estate' included both liabilities and assets, and if an administration order should be granted for SAL in Western Australia. These issues required a careful examination of the relevant legislation and case law.

The Tribunal found that while the Queensland administration order was not directly recognised in Western Australia, the Western Australian legislation provides for the recognition of administration orders from other jurisdictions. The Tribunal concluded that an administration order could indeed be made for SAL in Western Australia, considering his significant cognitive impairment and substantial debts. Furthermore, the Tribunal held that the 'estate' of SAL includes both liabilities and assets, and that the Western Australian administration order should be made for SAL to provide him with the necessary support and protection.

As a result of the Tribunal's findings and conclusions, an administration order was granted for SAL in Western Australia. The orders included the appointment of JGL as the administrator of SAL's estate, with the power to manage and control SAL's assets and liabilities, subject to the Tribunal's supervision. The Tribunal's decision ensures that SAL receives the appropriate support and protection to manage his significant cognitive impairment and debts.

Orders