NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FNK [2023] NSWCATGD 11 Hearing dates: 15 March 2023 Date of orders: 15 March 2023 Decision date: 15 March 2023 Jurisdiction: Guardianship Division Before: B M Shipp, Senior Member (Legal) M J Staples, Senior Member (Professional) J V Le Breton, General Member (Community) Decision: 1. The estate of FNK is subject to management under the NSW Trustee and Guardian Act 2009 (NSW). 2. The management of the estate of FNK is committed to the NSW Trustee and Guardian. 3. This order is to be reviewed by the Tribunal within two years. 4. The following specified part of the estate is excluded from this financial management order: Any income from employment or Centrelink payment, and any account into which this income is paid Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – whether subject person is incapable of managing their own affairs – 18-year-old subject person – beneficiary of late father's estate – significant sum spent by the subject person – history of unstable mental health, impulsive decision-making and vulnerability to suggestion – risk of exploitation and wastage of funds – subject person in favour of financial management order being made – no private person available to be appointed – NSW Trustee and Guardian appointed – reviewable financial management order made – decision to exclude employment income and Centrelink payment from the financial management order – order to be reviewed in two years Legislation Cited: Guardianship Act 1987 (NSW), ss 4, 25M Cases Cited: None cited. Texts Cited: None cited. Category: Principal judgment Parties: Financial Management Application
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