ZOF v NSW Trustee and Guardian [2020] NSWCATAP 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZOF v NSW Trustee and Guardian [2020] NSWCATAP 167 Hearing dates: 21 April 2020 and 23 June 2020 Date of orders: 6 August 2020 Decision date: 06 August 2020 Jurisdiction: Appeal Panel Before: Armstrong J, President M D Schyvens, Deputy President L Porter, General Member (Community) Decision: (1) The Appeal Panel will deal with the appeal by way of a new hearing. (2) All evidence and submissions that were before the Tribunal below together with all evidence and submissions filed to date in this appeal will be considered to have been given in the new hearing before the Appeal Panel. (3) The order of the Tribunal of 3 October 2019 committing the management of the Appellant's estate (excluding any Centrelink income) to NSW Trustee and Guardian is to remain in force without variation pending further orders of the Appeal Panel. (4) The Appeal proceedings are adjourned to a date to be fixed by the Registrar. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – Guardianship Division – internal appeal – financial management order – question of law – failure to take into account a mandatory consideration – s 4(e) of the Guardianship Act 1987 – importance of preserving subject person's family relationships – recognition of the cultural and linguistic environments of the subject person – Aboriginal subject person – Stolen Generations – Ngarbal man – recipient of Stolen Generations Reparations Scheme – management of large lump sum – cultural practice of sharing and caring – minimal evidence – Tribunal's inquisitorial power to elicit evidence – best interests of the subject person – discretion to deal with Appeal by way of new hearing. PROCEDURAL FAIRNESS – right to an adjournment – whether Tribunal failed to afford procedural fairness by failing to advise a party of right to an adjournment – party legally represented – party on notice as to the kind of evidence relevant to issues – no suggestion further and better evidence was available in the event further time was allowed – no adjournment requested – no duty to offer an adjournment – ground of appeal rejected. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 65(1), 65(3), 80(2), 80(2)(b), 80(3), 80(3)(a) Guardianship Act 1987 (NSW), ss, 4, 4(a), 4(e), 25(c), 25G, 25G(a), 25G(c), 25H, 25M, 25M(1) Cases Cited: Building Professionals Board v Hans (2008) NSWADTAP 13 C v W [2015] NSWSC 1774 CKG v Public Guardian [2014] NSWCATAP 32 Collins v Urban [2014] NSWCATAP 17 Gallagher v R [1986] HCA 26; (1986) 160 CLR 392 Holt v Protective Commissioner (1993) 31 NSWLR 227 Italiano v Carbone [2005] NSWCA 177 Lo v Chief Commissioner of State Revenue [2013] NSWCA 180 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Prendergast v Western Murray Irrigation [2014] NSWCATAP 69 QP v RP [2014] NSWCATAP 59 Yuen v Thom [2016] NSWCATAP 243 ZGM v ZGN [2018] NSWCATAP 101 Texts Cited: Nil Category: Principal judgment Parties: ZOF (Appellant) NSW Trustee and Guardian (First Respondent) ZOG (Second Respondent) ZOH (Third Respondent) Representation: Solicitors: L Rogers (Appellant) L Larkins (Separate Representative (Third Respondent) File Number(s): AP 19/56865 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information picture or other material that identifies them or is likely to lead to their identification is prohibited. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: N/A Date of Decision: 3 October 2019 Before: A D Suthers, Principal Member A M Matheson, Senior Member (Professional) J L Newman, General Member (Community) File Number(s): 2019/00053486