TC

[2006] WASAT 369

TC [2006] WASAT 369

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2006] WASAT 369
Act:	GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA)
Case No:	GAA:1117/2006	Heard:	1 AUGUST 2006, 13 SEPTEMBER 2006
Coram:	MS F CHILD (MEMBER) MR J MANSVELD (MEMBER) MR J JAMES (SENIOR SESSIONAL MEMBER)	Delivered:	14/12/06
No of pages:	13	Judgment Part:	1 of 1
Result:	Administrators reappointed Remuneration ordered
Category:	B
PDF Version

Parties:	TC PERPETUAL TRUSTEES
Catchwords:	Guardianship and administration Administration Review of administration order Remuneration of administrator
Legislation:	Guardianship and Administration Act 1990 (WA), s 64, s 80, s 80(6), s 80(6)(a) s 117(1)
Case References:	Nil Nil

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL STREAM : HUMAN RIGHTS ACT : GUARDIANSHIP AND ADMINISTRATION ACT 1990 (WA) CITATION : TC [2006] WASAT 369 MEMBER : MS F CHILD (MEMBER)

MR J MANSVELD (MEMBER)
MR J JAMES (SENIOR SESSIONAL MEMBER)

HEARD : 1 AUGUST 2006, 13 SEPTEMBER 2006 DELIVERED : 15 DECEMBER 2006 FILE NO/S : GAA 1117 of 2006 BETWEEN : TC

Represented Person

PERPETUAL TRUSTEES
Administrator

Catchwords:

Guardianship and administration - Administration - Review of administration order - Remuneration of administrator

Legislation:

Guardianship and Administration Act 1990 (WA), s 64, s 80, s 80(6), s 80(6)(a) s 117(1)

Result:

Administrators reappointed

(Page 2)

Remuneration ordered

Category: B

Representation:

Counsel:

Represented Person : Unrepresented
Administrator : Mr M Fatharly

Solicitors:

Represented Person : No appearance
Administrator : Kott Gunning

Case(s) referred to in decision(s):

Nil

Case(s) also cited:

Nil

(Page 3)

REASONS FOR DECISION OF THE TRIBUNAL:

Summary of Tribunal's decision

1 On review of an administration order appointing Perpetual Trustees as administrator for the estate of a young man with acquired brain injury, the State Administrative Tribunal (the Tribunal) confirmed the appointment and made an order for remuneration from the estate of the represented person.

2 The Public Trustee had sought review of the order, as the examination of the accounts submitted to the Public Trustee by the administrator had revealed that the estate had been charged fees that were not consistent with an order made for remuneration of the administrator.

3 By the time the matter had come on for hearing the administrator conceded that an error had been made in the calculation of fees and had agreed to reimburse the estate for the fees overcharged.

4 The administrator sought an adjustment to the remuneration charged as the "Additional Service charge" from that which had been proposed and accepted on their appointment in March 2005 to the published rate applicable at the time which was a higher figure.

5 The Tribunal decided that the remuneration by way of the commission in respect of the capital, the management fee, which was the negotiated fee should be fixed at the rate proposed and charged by the administrator from appointment in March 2005 but that the wording of original order appeared to contemplate a move in the Additional Service charge and so that the administrator was authorised to charge its published fee for that part of the remuneration…