AKL [2020] NSWCATGD 78

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: AKL [2020] NSWCATGD 78 Hearing dates: 26 August 2020 Date of orders: 26 August 2020 (Guardianship Application) 7 September 2020 (Financial Management Application) Decision date: 07 September 2020 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) Dr S Williams, Senior Member (Professional) S Bullock, General Member (Community) Decision: GUARDIANSHIP APPLICATION The application is dismissed because QNT has withdrawn the application and the Tribunal consents. FINANCIAL MANAGEMENT APPLICATION 1. The estate of AKL is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of AKL is committed to the NSW Trustee and Guardian. 3. This order be reviewed by the Tribunal within 12 months. Catchwords: GUARDIANSHIP – application for a guardianship order – dispute over access and communication with each parent – conciliation between parties – terms of settlement – request to withdraw application – consent to withdrawal of application FINANCIAL MANAGEMENT – application for a financial management order – beneficial entitlements to advances or distributions from a family trust – uncertainty on availability of disability support pension – financial issues unable to be resolved informally – suitability of proposed financial manager – need for independent assessment and legal advice – risk of deterioration of family relationships – appointment of NSW Trustee and Guardian in subject person's best interests Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 55(1)(a) Guardianship Act 1987 (NSW), ss 4, 4(a), 25G NSW Trustee and Guardian Act 2009 (NSW), s 39(a) Cases Cited: CJ v AKJ [2015] NSWSC 498 Fischer v Nemeske Pty Ltd [2016] HCA 11 G v G [2016] NSWSC 511 H v H [2015] NSW SC 837 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 M v M [2013] NSWSC 1495 McD v McD (1983) 3 NSWLR 81 P v NSW Trustee and Guardian [2015] NSWSC 579 Re W and L (Parameters of Estate Management Orders) [2014] NSWSC 1106 SLJ v RTJ [2017] NSWSC 137 Texts Cited: Nil Category: Principal judgment Parties: 004: Guardianship Application