SKM - [2024] QCAT 391

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

SKM [2024] QCAT 391

PARTIES:

In applications about matters concerning SKM

APPLICATION NOS:

GAA13829-23, GAA13832-23, GAA13833-23, GAA6279-24

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

18 September 2024

HEARING DATE:

9 September 2024

HEARD AT:

Brisbane

DECISION OF:

Member Kanowski

ORDERS:

1.     The appointment of MTA and STA as guardians for restrictive practices (general) for SKM is revoked.

2.     The application by STA for leave to withdraw as guardian (for restrictive practices) is dismissed.

3.     The administration appointment continued by the tribunal on 18 January 2019 is changed by removing MTA as an administrator for SKM and making the following administration order.

4.     STA is appointed as administrator for SKM for all financial matters.

5.     The appointment is on terms that:

(a)     STA must reimburse SKM the following amounts: $1,973.13 and $2,500;

(b)     STA must pay interest to SKM:

(i)        on the amount of $924 for the period 13 December 2022 to 6 February 2024;

(ii)      on the amount of $602.57 for the period 9 January 2023 to 6 February 2024;

(iii)     on the amount of $1,973.13 for the period 31 January 2023 until the date of reimbursement; and

(iv)      on the amount of $2,500 for the period 9 February 2023 until the date of reimbursement;

(c)     by 30 September 2025, STA must provide to the tribunal:

(i)        a statement explaining whether, when and how the above terms relating to reimbursement and interest, and the direction below to MTA for the payment of interest, have been complied with;

(ii)      copies of statements of SKM’s bank accounts and any other financial investments for the period 18 September 2024 to 17 September 2025;

(iii)     a copy of receipts for any individual items over $500 during that period; and

(iv)      the latest statement or invoice for SKM’s accommodation;

(d)     within 40 days of being notified of a review of her appointment, and if otherwise requested, STA must provide to the tribunal:

(i)        copies of statements for SKM’s bank accounts and any other financial investments for the previous 12 months;

(ii)      a copy of receipts for any individual items over $500 during that period;

(iii)     the latest statement or invoice for SKM’s accommodation;

(iv)      a fortnightly budget of SKM’s income and expenditure;

(v)       a list of SKM’s assets and liabilities, with the value or estimated value of each item; and

(vi)      if STA is seeking continued appointment as administrator, a signed declaration as to continuing appropriateness for appointment.

6.     The appointment of STA as administrator is until further order. The appointment is reviewable and will be reviewed in five years.

7.     The financial management plan dated 30 August 2024 is approved.

8.     MTA must pay interest to SKM on the sum of $99,363.21 for the period 15 November 2018 to 6 February 2024.

9.     Interest for the purposes of the above orders is to be equivalent to the interest that SKM would have earned from time to time in a Commonwealth Bank of Australia Goal Saver…

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 SKM

Details

AGLC: SKM [2024] QCAT 391
Case: [2024] QCAT 391
Decision Date: 18 September 2024

CaseChat Overview and Summary

SKM, an individual with impaired capacity, was under the guardianship and administration of MTA and STA, who were appointed by the tribunal. The dispute arose due to alleged conflicts of interest and mismanagement of SKM's finances by the administrators. The matter was before the tribunal to review the appointments and determine whether MTA and STA should be removed as administrators.

The tribunal was required to decide whether MTA and STA should be removed as administrators due to their alleged conflicts of interest and mismanagement of SKM's finances. It also needed to determine the appropriate terms and conditions for STA's continued appointment as the sole administrator, including reimbursements and interest payments to SKM, as well as reporting requirements to the tribunal.

The tribunal found that MTA and STA had engaged in conflict transactions, which warranted their removal as guardians for restrictive practices. However, STA's application to withdraw as a guardian was dismissed. MTA was removed as an administrator, and STA was appointed as the sole administrator for all financial matters. The tribunal imposed specific terms on STA's appointment, including reimbursements and interest payments to SKM, and detailed reporting requirements to ensure transparency and accountability. MTA was also ordered to pay interest on a sum of money to SKM. The tribunal approved the financial management plan and set a review date for STA's appointment in five years.

The tribunal revoked MTA and STA's appointments as guardians for restrictive practices and dismissed STA's application to withdraw as a guardian. STA was appointed as the sole administrator for all financial matters, subject to specific terms. MTA was ordered to pay interest to SKM. The tribunal approved the financial management plan and set a review date for STA's appointment.

Orders

Orders of the court

1. The appointment of MTA and STA as guardians for restrictive practices (general) for SKM is revoked.

2. The application by STA for leave to withdraw as guardian (for restrictive practices) is dismissed.

3. The administration appointment continued by the tribunal on 18 January 2019 is changed by removing MTA as an administrator for SKM and making the following administration order.

4. STA is appointed as administrator for SKM for all financial matters.

5. The appointment is on terms that:

(a) STA must reimburse SKM the following amounts: $1,973.13 and $2,500;

(b) STA must pay interest to SKM:

(i) on the amount of $924 for the period 13 December 2022 to 6 February 2024;

(ii) on the amount of $602.57 for the period 9 January 2023 to 6 February 2024;

(iii) on the amount of $1,973.13 for the period 31 January 2023 until the date of reimbursement; and

(iv) on the amount of $2,500 for the period 9 February 2023 until the date of reimbursement;

(i) a statement explaining whether, when and how the above terms relating to reimbursement and interest, and the direction below to MTA for the payment of interest, have been complied with;

(ii) copies of statements of SKM’s bank accounts and any other financial investments for the period 18 September 2024 to 17 September 2025;

(iii) a copy of receipts for any individual items over $500 during that period; and

(iv) the latest statement or invoice for SKM’s accommodation;

(d) within 40 days of being notified of a review of her appointment, and if otherwise requested, STA must provide to the tribunal:

(i) copies of statements for SKM’s bank accounts and any other financial investments for the previous 12 months;

(ii) a copy of receipts for any individual items over $500 during that period;

(iii) the latest statement or invoice for SKM’s accommodation;

(iv) a fortnightly budget of SKM’s income and expenditure;

(v) a list of SKM’s assets and liabilities, with the value or estimated value of each item; and

(vi) if STA is seeking continued appointment as administrator, a signed declaration as to continuing appropriateness for appointment.

6. The appointment of STA as administrator is until further order. The appointment is reviewable and will be reviewed in five years.

7. The financial management plan dated 30 August 2024 is approved.

8. MTA must pay interest to SKM on the sum of $99,363.21 for the period 15 November 2018 to 6 February 2024.

9. Interest for the purposes of the above orders is to be equivalent to the interest that SKM would have earned from time to time in a Commonwealth Bank of Australia Goal Saver account on the assumptions that there was $100,000 in the account and that bonus interest was payable.

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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CITATION:	SKM [2024] QCAT 391
PARTIES:	In applications about matters concerning SKM
APPLICATION NOS:	GAA13829-23, GAA13832-23, GAA13833-23, GAA6279-24
MATTER TYPE:	Guardianship and administration matters for adults
DELIVERED ON:	18 September 2024
HEARING DATE:	9 September 2024
HEARD AT:	Brisbane
DECISION OF:	Member Kanowski
ORDERS:	1. The appointment of MTA and STA as guardians for restrictive practices (general) for SKM is revoked. 2. The application by STA for leave to withdraw as guardian (for restrictive practices) is dismissed. 3. The administration appointment continued by the tribunal on 18 January 2019 is changed by removing MTA as an administrator for SKM and making the following administration order. 4. STA is appointed as administrator for SKM for all financial matters. 5. The appointment is on terms that: (a) STA must reimburse SKM the following amounts: $1,973.13 and $2,500; (b) STA must pay interest to SKM: (i) on the amount of $924 for the period 13 December 2022 to 6 February 2024; (ii) on the amount of $602.57 for the period 9 January 2023 to 6 February 2024; (iii) on the amount of $1,973.13 for the period 31 January 2023 until the date of reimbursement; and (iv) on the amount of $2,500 for the period 9 February 2023 until the date of reimbursement; (c) by 30 September 2025, STA must provide to the tribunal: (i) a statement explaining whether, when and how the above terms relating to reimbursement and interest, and the direction below to MTA for the payment of interest, have been complied with; (ii) copies of statements of SKM’s bank accounts and any other financial investments for the period 18 September 2024 to 17 September 2025; (iii) a copy of receipts for any individual items over $500 during that period; and (iv) the latest statement or invoice for SKM’s accommodation; (d) within 40 days of being notified of a review of her appointment, and if otherwise requested, STA must provide to the tribunal: (i) copies of statements for SKM’s bank accounts and any other financial investments for the previous 12 months; (ii) a copy of receipts for any individual items over $500 during that period; (iii) the latest statement or invoice for SKM’s accommodation; (iv) a fortnightly budget of SKM’s income and expenditure; (v) a list of SKM’s assets and liabilities, with the value or estimated value of each item; and (vi) if STA is seeking continued appointment as administrator, a signed declaration as to continuing appropriateness for appointment. 6. The appointment of STA as administrator is until further order. The appointment is reviewable and will be reviewed in five years. 7. The financial management plan dated 30 August 2024 is approved. 8. MTA must pay interest to SKM on the sum of $99,363.21 for the period 15 November 2018 to 6 February 2024. 9. Interest for the purposes of the above orders is to be equivalent to the interest that SKM would have earned from time to time in a Commonwealth Bank of Australia Goal Saver…