VJA

[2012] QCAT 344

CITATION: VJA [2012] QCAT 344

PARTY: VJA

APPLICATION NUMBER: GAA4398-12

MATTER TYPE: Guardianship and administration matters for adults

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member

DELIVERED ON: 26 July 2012

DELIVERED AT: Brisbane

ORDERS MADE: The application for appointment of an administrator by Trust Company Limited is dismissed.

CATCHWORDS:

ADMINISTRATION – application for appointment of an administrator for a minor – no jurisdiction – early end to proceedings

Queensland Civil and Administrative Tribunal Act 2009, s 47
Guardianship and Administration Act 2000, ss 12, 13

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. VJA is 11 years of age.  She currently lives in Queensland having relocated with her parents from New South Wales.  In May 2008 the Supreme Court of New South Wales made an order placing the management of VJA’s affairs under the Protected Estates Act 1983 and directed that funds paid into court in a civil litigation claim be paid to Trust Company Limited. 

2. Trust Company Limited in the role of financial manager for VJA has purchased some real property in Queensland and wants to have the interest of Trust Company Limited recognised by the Queensland Department of Environment and Resource Management.  An application has been made to QCAT to appoint Trust Company Limited as the administrator for VJA under the Guardianship and Administration Act 2000.

3. QCAT has jurisdiction to appoint administrators for adults with impaired capacity. Under section 13 of the Guardianship and Administration Act 2000 QCAT can accept for filing and can hear applications for the appointment of administrators for children aged at least 17.5 years but the effect of such appointments does not commence until the child attains 18 years of age.

4. VJA is well under 17.5 years of age.  QCAT does not have jurisdiction to either accept or hear an application for appointment of an administrator for her under the Guardianship and Administration Act 2000. It is somewhat concerning that a trustee company appears to be unaware of that position in bringing this application to QCAT. 

5. Under section 47 of the QCAT Act, the tribunal can bring an early end to a proceeding if that proceeding is lacking in substance. This is one such case. It would be unacceptable to devote resources of this tribunal to the hearing of an application that has no basis for success.

6. The application by Trust Company Limited must be dismissed.