TZF [2020] NSWCATGD 22

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TZF [2020] NSWCATGD 22 Hearing dates: 10 February 2020 Date of orders: 10 February 2020 Decision date: 10 February 2020 Jurisdiction: Guardianship Division Before: C P Fougere, Principal Member Associate Professor C Willcox, Senior Member (Professional) J Cootes AM, General Member (Community) Decision: 1. The estate of TZF is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of TZF is committed to the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within two years. 4. The following specified part of the estate is excluded from this financial management order: Centrelink benefits and employment income. Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – potential for large compensation payout – whether appropriate timing to bring application – consideration of H v H [2015] NSWSC 837 – court proceedings not formally commenced – advantageous for a financial manager to negotiate and agree to settlement – subject person developing independence but vulnerable to exploitation – subject person would be incapable of managing large sum payout as a result of mediation – no private person willing to be appointed financial manager – NSW Trustee and Guardian appointed – order made – order excludes Centrelink and employment income. PROCEDURAL FAIRNESS – hearing rule – s 4(d) of the Guardianship Act 1987 – subject person voluntarily opted out of attending hearing – subject person's views able to be ascertained through other evidence – no adjournment. Legislation Cited: Civil Procedure Act 2005 (NSW), ss 74, 75, 82 Guardianship Act 1987 (NSW), ss 4(b)-(d), 4(f), 25E(2) NSW Trustee and Guardian Act 2009 (NSW), ss 17(2), 38 Cases Cited: CJ v AKJ [2015] NSWSC 498 H v H [2015] NSWSC 837 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Texts Cited: Nil Category: Principal judgment Parties: TZF (the person) DYJ (applicant) NSW Trustee and Guardian Representation: Counsel: