THV

The Queensland Civil and Administrative Tribunal (QCAT) was asked to consider an application by an adult, AV, seeking to be appointed as the guardian and administrator of another adult, THV. The dispute centred on whether THV had the capacity to manage her own affairs and if her appointed attorney was acting appropriately. AV argued that THV lacked the necessary capacity, and that her attorney was not acting in her best interests. Conversely, THV's attorney and other evidence suggested that THV had the requisite capacity and that her attorney was acting appropriately.

The primary legal issue for the tribunal to determine was whether there were exceptional circumstances warranting a costs order against AV. The tribunal had to weigh the evidence presented regarding THV's capacity and the conduct of her attorney. In its reasoning, the tribunal found that the evidence overwhelmingly supported THV's capacity and that there was no evidence of inappropriate conduct by the attorney. Given AV's unsuccessful application and the absence of exceptional circumstances, the tribunal concluded that costs should be awarded against AV.

The tribunal ordered that AV was to pay the costs of THV, to be assessed according to the District Court scale by an assessor agreed upon by the parties. If the parties could not agree on an assessor, the tribunal would appoint one by further order. This decision underscores the importance of substantiating claims of incapacity and the potential financial consequences of unsuccessful applications in such matters.