JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL
ACT: GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
CITATION: SAL and JGL [2016] WASAT 63
MEMBER: JUDGE D R PARRY (DEPUTY PRESIDENT)
DR B DE VILLIERS (MEMBER)
MS D QUINLAN (MEMBER)
HEARD: 10 MAY 2016
DELIVERED : 10 MAY 2016
PUBLISHED : 30 MAY 2016
FILE NO/S: GAA 1054 of 2016
BETWEEN: SAL
Applicant
AND
JGL
Represented Person
Catchwords:
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…
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- AGLC
- SAL and JGL [2016] WASAT 63
- Case
- [2016] WASAT 63
- Decision Date
CaseChat Overview and Summary
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
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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