G v G (No. 2) [2020] NSWSC 818

Supreme Court New South Wales

Medium Neutral Citation: G v G (No. 2) [2020] NSWSC 818 Hearing dates: 18 February, 19 March, 1 April and 27 May 2019; written submissions; and 26 June 2020 Date of orders: 1 July 2020 Decision date: 01 July 2020 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: Orders made in confirmation of the powers of the NSW Trustee (in an appropriate case) to invest, or authorise the investment of, a protected estate (within the meaning of the NSW Trustee and Guardian Act 2009 NSW) in a Regulated ("Retail") Superannuation Fund governed by the Superannuation Industry (Supervision) Act 1993 Cth. Catchwords: PROTECTIVE JURISDICTION – Management of protected estate – Powers of the NSW Trustee – Investment of a protected estate in a Retail Superannuation Fund MENTAL HEALTH — NSW Trustee — Powers — Investment of funds – Retail Superannuation Fund Legislation Cited: Australian Courts Act 1828 (Imp), Guardianship Act 1987 New South Wales Act 1823 (Imp) NSW Trustee and Guardian Act 2009 NSW Powers of Attorney Act 2003 NSW Succession Act 2006 NSW Superannuation Industry (Superannuation) Act 1993 Superannuation Industry (Supervision) Regulations 1994 Cth Supreme Court Act 1970 NSW Third Charter of Justice 1823 (Imp) Trustee Act 1925 NSW Cases Cited: Ability One Financial Management Pty Ltd and Anor v JB by his tutor AB [2014] NSWSC 245 C v W (No 2) [2016] NSWSC 945 Estate Polykarpou; Re a Charity [2016] NSWSC 409 G v G [2016] NSWSC 511 Holt v Protective Commissioner (1993) 31 NSWLR 227 IR v AR [2015] NSWSC 1187 PB v BB [2013] NSWSC 1223 Perpetual Trustee Company Limited v Cheyne [2011] WASC 225 Perpetual Trustee Company Ltd v Fairlie-Cunninghame (1993) 32 NSWLR 377 Protective Commissioner v D (2004) 60 NSWLR 513 Public Trustee of Queensland v Tracey [2013] QSC 183 Re AAA [2016] NSWSC 805 Re Fenwick; Application of JR Fenwick; Re "Charles" (2009) 76 NSWLR 22 Re Hoang Minh Le; ex parte The Public Trustee [2012] WASC 31 Re Managed Estates Remuneration Orders [2014] NSWSC 383. Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 Wellesley v Duke of Beaufort (1827) 38 ER 236 Texts Cited: GE Dal Pont and KF Mackie, Law of Succession (Lexis Nexis Butterworths, Australia, 2nd ed, 2017) Mason and Handler, Succession Law and Practice (NSW) Category: Principal judgment Parties: Plaintiffs: Managers of the protected estate of the first defendant First Defendant: A protected person Second Defendant: NSW Trustee Representation: Counsel: Plaintiffs: D Barlin First Defendant: No appearance Second Defendant: J Brouwer, Solicitor