SD

[2012] QCAT 503

CITATION: SD [2012] QCAT 503

PARTIES: SD

APPLICATION NUMBER: GAA8777-11 / GAA7499-12

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: 31 August 2012

HEARD AT: Brisbane

DECISION OF: Jim Allen, Presiding Member
Dr Bridget Cullen, Member
Ron Joachim, Member

DELIVERED ON: 11 October 2012

DELIVERED AT: Brisbane

ORDERS MADE:

1. The Tribunal orders that pursuant to section 109 of the Guardianship and Administration Act 2000 the following documents are confidential and must not be disclosed:

a.   The affidavit of HB sworn 30 August 2012 in respect of fees;

b.   The affidavit of HB sworn 30 August 2012 in respect of the proposed settlement; and

c.   The address of SF wherever it currently appears in documents filed on behalf of HB on 18 November 2011.

CATCHWORDS:

Confidentiality – application for confidentiality order – where it may be necessary to withhold access to contents of a document to avoid injustice to a person

Guardianship and Administration Act 2000, s 109

APPEARANCES and REPRESENTATION (if any):

APPLICANT: Mr Dickson of Counsel instructed by Carne Reidy Herd represented HB
Mr Irvine, solicitor of HWL Ebsworths Lawyers represented SF

REASONS FOR DECISION

1. SD is 85 years old and resides in a riverside apartment.  An order was made by the Tribunal on 27 May 2010 appointing HB as SD’s administrator, due to a finding that she no longer had the capacity to mange her financial affairs.  Her financial affairs are relatively complex, as she holds interests in real estate both in her own name and through a company, and some of this real estate is located in the United Kingdom.

2. Various applications are currently before the Tribunal seeking to review HB’s appointment as administrator and for directions and declarations.  As a result of these applications, various material has been filed in the Tribunal, some of which parties now seek to make subject to confidentiality orders.

3. If the Tribunal to is satisfied that it is necessary to avoid serious harm or injustice to a person it may, to the extent necessary, withhold from an active party or other person a document, or part of a document.[1]

   [1] Section 109 Guardianship and Administration Act 2000.

4. With regard to the material in HB’s affidavit, Mr Irvine and Mr Dickson request a confidentiality order on the basis that the material disclosed may be prejudicial to the financial interests of the parties.  The material contains information relating to the financial positions of SD’s children.

5. All parties present at the hearing supported the application for confidentiality orders.  The Tribunal notes that the active parties have had access to the material and the purpose of the order sought is to ensure that the material disclosed may not be further disseminated due to it being available for public inspection on the Tribunal file.  The Tribunal accepts that the material does disclose information which may be prejudicial to the financial interests of the parties, and the confidentiality order is made accordingly.

6. SF is in conflict with some of his siblings and he has an apprehension that disclosure of his address may place him in serious danger of harm.  SF’s right to protect his privacy is acknowledged.  His address was disclosed as the result of a request made for details about a loan made by HB as SD’s administrator to SF, which was secured over his house.  Incidental to this request, details of his address appeared in the material disclosed.  SF’s address is not germane to any of the applications before the Tribunal.

7. The Tribunal is satisfied that SF has an apprehension of serious harm and that in the circumstances it is satisfied that the making of the confidentiality order is appropriate.