WZA - [2020] NSWCATGD 52

NSW Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: WZA [2020] NSWCATGD 52
Hearing dates: 8 May 2020
Date of orders: 8 May 2020
Decision date: 08 May 2020
Jurisdiction: Guardianship Division
Before: S Roushan, Senior Member (Legal)
E Love, Senior Member (Professional)
L Porter, General Member (Community)
Decision:
Requested Review of Guardianship Order
The guardianship order for WZA made on 28 February 2020 has been reviewed. The order now is as follows:
1. GAM of [Appendix removed for publication.] is appointed as the guardian.
2. This is a continuing guardianship order for a period of 24 months from 28 February 2020.
3. This is a limited guardianship order giving the guardian(s) custody of WZA to the extent necessary to carry out the functions below.
FUNCTIONS:
4. The guardian has the following functions:
a) Advocacy
To advocate generally for WZA.
b) Legal services
To make decisions for WZA in relation to access to legal services.
c) Other Function
To make all necessary decisions in relation to visa-related matters that would ordinarily be made by WZA including giving and receiving information, making applications and giving consent to visa-related applications.
CONDITION:
5. The condition of this order is:
a) Standard Condition
In exercising this role the guardian shall take all reasonable steps to bring WZA to an understanding of the issues and to obtain and consider their views before making significant decisions.
Financial Management
1. The estate of WZA is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).
2. GAM of [Appendix removed for publication.] is appointed as the financial manager of the estate.
NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.

Catchwords:
GUARDIANSHIP – review of guardianship order – requested review of guardianship order – whether guardianship order should be varied – subject person sponsor of daughter’s carer visa application – need for decisions to be made in relation to visa-related matters – visa-related decisions function - order varied.
FINANCIAL MANAGEMENT – application for a financial management order – whether it is in subject person’s best interests that a financial management order be made - financial nature of undertakings of a carer visa sponsor – legal authority of a financial manager in relation to the subject person’s estate – private financial manager appointed.

Legislation Cited:
Civil and Administrative Tribunal Act 2013 (NSW), cl 5(1) of Sch 6
Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 21B, 25M
Migration Regulations 1994 (Cth), regs 1.20(1), 1.20(2)(a), sub-reg (2)

Cases Cited:
CJ v AKJ [2015] NSWSC 498
GZK [2020] NSWCATGD 5
HH v HI and Protective Commissioner [2009] NSWADTAP 41
IF v IG [2004] NSWADTAP 3
MN v AN (1989) 16 NSWLR 525
P v NSW Trustee and Guardian [2015] NSWSC 579
ZBC v ZBD [2016] NSWCATAP 264

Category: Principal judgment
Parties:
Requested Review of Guardianship Order

WZA (the person)
GAM (applicant, appointed guardian)

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 WZA

Details

AGLC: WZA [2020] NSWCATGD 52
Case: [2020] NSWCATGD 52
Decision Date: 08 May 2020

CaseChat Overview and Summary

WZA brought a case before the court seeking a review of her existing guardianship order and an application for a financial management order. The court was asked to decide whether WZA's guardianship order should be varied, particularly in relation to her sponsorship of her daughter's carer visa application, and whether it was in her best interests to have a financial management order made. WZA was the subject of a guardianship order, and her guardian had been tasked with making decisions related to her sponsorship of her daughter's carer visa application. The court had to determine if the guardianship order should be varied to reflect these additional responsibilities and if it was in WZA's best interests to have a financial manager appointed to manage her estate. The court concluded that it was in WZA's best interests to have her guardianship order varied to include the function of making decisions related to visa-related matters, including sponsorship of her daughter's carer visa application. The court also found that it was in WZA's best interests to have a financial management order made, appointing a financial manager to manage her estate. The court noted that WZA's sponsorship of her daughter's carer visa application necessitated decisions to be made in relation to visa-related matters, and the guardian was well-suited to carry out these functions. The court further found that appointing a financial manager was in WZA's best interests due to the financial nature of the undertakings of a carer visa sponsor and the need for a legal authority to manage her estate.

The court varied the guardianship order to include the function of making decisions related to visa-related matters and appointed a financial manager to manage WZA's estate. The court also noted that the guardian should take all reasonable steps to bring WZA to an understanding of the issues and to obtain and consider her views before making significant decisions.

Orders

Orders of the court

Requested Review of Guardianship Order

The guardianship order for WZA made on 28 February 2020 has been reviewed. The order now is as follows:

1. GAM of [Appendix removed for publication.] is appointed as the guardian.

2. This is a continuing guardianship order for a period of 24 months from 28 February 2020.

3. This is a limited guardianship order giving the guardian(s) custody of WZA to the extent necessary to carry out the functions below.

FUNCTIONS:

4. The guardian has the following functions:

a) Advocacy

To advocate generally for WZA.

b) Legal services

To make decisions for WZA in relation to access to legal services.

c) Other Function

To make all necessary decisions in relation to visa-related matters that would ordinarily be made by WZA including giving and receiving information, making applications and giving consent to visa-related applications.

CONDITION:

5. The condition of this order is:

a) Standard Condition

In exercising this role the guardian shall take all reasonable steps to bring WZA to an understanding of the issues and to obtain and consider their views before making significant decisions.

Financial Management

1. The estate of WZA is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).

2. GAM of [Appendix removed for publication.] is appointed as the financial manager of the estate.

NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	WZA [2020] NSWCATGD 52
Hearing dates:	8 May 2020
Date of orders:	8 May 2020
Decision date:	08 May 2020
Jurisdiction:	Guardianship Division
Before:	S Roushan, Senior Member (Legal) E Love, Senior Member (Professional) L Porter, General Member (Community)
Decision:	Requested Review of Guardianship Order The guardianship order for WZA made on 28 February 2020 has been reviewed. The order now is as follows: 1. GAM of [Appendix removed for publication.] is appointed as the guardian. 2. This is a continuing guardianship order for a period of 24 months from 28 February 2020. 3. This is a limited guardianship order giving the guardian(s) custody of WZA to the extent necessary to carry out the functions below. FUNCTIONS: 4. The guardian has the following functions: a) Advocacy To advocate generally for WZA. b) Legal services To make decisions for WZA in relation to access to legal services. c) Other Function To make all necessary decisions in relation to visa-related matters that would ordinarily be made by WZA including giving and receiving information, making applications and giving consent to visa-related applications. CONDITION: 5. The condition of this order is: a) Standard Condition In exercising this role the guardian shall take all reasonable steps to bring WZA to an understanding of the issues and to obtain and consider their views before making significant decisions. Financial Management 1. The estate of WZA is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. GAM of [Appendix removed for publication.] is appointed as the financial manager of the estate. NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.
Catchwords:	GUARDIANSHIP – review of guardianship order – requested review of guardianship order – whether guardianship order should be varied – subject person sponsor of daughter’s carer visa application – need for decisions to be made in relation to visa-related matters – visa-related decisions function - order varied. FINANCIAL MANAGEMENT – application for a financial management order – whether it is in subject person’s best interests that a financial management order be made - financial nature of undertakings of a carer visa sponsor – legal authority of a financial manager in relation to the subject person’s estate – private financial manager appointed.
Legislation Cited:	Civil and Administrative Tribunal Act 2013 (NSW), cl 5(1) of Sch 6 Guardianship Act 1987 (NSW), ss 3(1)-(2), 4, 14, 14(2), 21B, 25M Migration Regulations 1994 (Cth), regs 1.20(1), 1.20(2)(a), sub-reg (2)
Cases Cited:	CJ v AKJ [2015] NSWSC 498 GZK [2020] NSWCATGD 5 HH v HI and Protective Commissioner [2009] NSWADTAP 41 IF v IG [2004] NSWADTAP 3 MN v AN (1989) 16 NSWLR 525 P v NSW Trustee and Guardian [2015] NSWSC 579 ZBC v ZBD [2016] NSWCATAP 264
Category:	Principal judgment
Parties:	Requested Review of Guardianship Order WZA (the person) GAM (applicant, appointed guardian)