TL

[2010] QCAT 11

CITATION:      TL [2010] QCAT 11

PARTIES:   TL

APPLICATION NUMBER:            GAA7527-09

MATTER TYPE:   Guardianship and Administration matters

HEARING DATE:   13 January 2010

HEARD AT:   Brisbane

DECISION OF:   C Endicott, senior member

DELIVERED ON:   13 January 2010

DELIVERED AT:   Brisbane

ORDERS MADE:   Application dismissed

CATCHWORDS: Early end to proceedings – section 47 Queensland Civil and Administrative Tribunal Act 2009 – application lacking substance

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of parties.

REASONS FOR DECISION

HISTORY OF THE APPLICATION

1. Applications were made to the Guardianship and Administration Tribunal in 2008 seeking the appointment of a guardian and administrator for TL (the adult).   

2. On 12 December 2008 the Adult Guardian was appointed as guardian for TL for specified personal matters for 12 months. The applications for the appointment of an administrator were dismissed.  

3. The appointment of the guardian expired on 12 December 2009 and an application was made subsequent to that date for the appointment of a guardian.  The application came on for hearing on 22 December 2009 but was adjourned to a date to be fixed. 

ISSUES AND THE LEGISLATION

1. From 1 December 2009 the Queensland Civil and Administrative Tribunal (the Tribunal) has replaced the Guardianship and Administration Tribunal. Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the Tribunal power to bring a proceeding to an early end if the Tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.

EVIDENCE

5. TL had been a resident of the United States of America until 2007 when she was brought to Australia by her daughter, HE.  After residing for some time in her daughter’s home, TL was relocated into a nursing home at the North Coast.  TL’s husband was resident in a nursing home in the United States of America.
6. A decision had been made by the Adult Guardian on 15 July 2009 to move TL back to the United States of America to live permanently.  
7. On 10 January 2010 TL left Australia to return permanently to the United States of America.      

CONCLUSION

8. As TL no longer resides in Queensland, the Tribunal finds that it has no jurisdiction to make an appointment of a guardian under the Guardianship and Administration Act 2000.     
9. In view of those findings, the Tribunal considers that the application for the appointment of a guardian for TL is lacking in substance and under section 47 of the Queensland Civil and Administrative Tribunal Act 2009 the application should be dismissed.