YFM v NSW Trustee and Guardian [2023] NSWCATAP 266

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: YFM v NSW Trustee and Guardian [2023] NSWCATAP 266 Hearing dates: 31 August 2023 Date of orders: 4 October 2023 Decision date: 04 October 2023 Jurisdiction: Appeal Panel Before: A Britton, Deputy President A R Boxall, Senior Member (Legal) M E Bolt, General Member Decision: Leave to appeal is refused. Catchwords: APPEALS — leave to appeal from interlocutory decision to decline to exercise the discretion to order that a party be separately represented under Civil and Administrative Tribunal Act 2013 (NSW), s 45(4)(c) FRESH EVIDENCE — whether new evidence reveals that solicitor breached, or might breach Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) GUARDIANSHIP — whether Tribunal to give paramount consideration to welfare and interests of the subject person as required by s 4 Guardianship Act 1987 (NSW) — meaning of expression "welfare and interests" in s 4 Guardianship Act Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36(2), 45, 45(1)(b), 45(4), 45(4)(b)-(c), 45(5), 62(2), 80(2)(a); cl 5(1) of Sch 6 Guardianship Act 1987 (NSW), ss 4, 4(a)-(b), 4(d) Legal Aid Commission Act 1979 (NSW) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW), rr 12, 27, 27.2 Cases Cited: Collins v Urban [2014] NSWCATAP 17 House v The King (1936) 55 CLR 499; [1936] HCA 40 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Re Minister for Immigration and Multicultural Affairs, Re; Ex parte Applicant S20/2002; Appellant S106/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 30; 77 ALJR 1165 ZQP v ZQQ [2020] NSWCATAP 247 Texts Cited: Guardianship Division, NCAT Guideline, 'Representation', August 2017 Category: Principal judgment Parties: YFM (Appellant) NSW Trustee and Guardian (First Respondent) Public Guardian (Second Respondent) YFN (Third Respondent) YFO (Fourth Respondent) Representation: Counsel: B Flaherty (Appellant) No appearance (First Respondent) No appearance (Second Respondent) S Bennett (Third Respondent) L Hammond (Fourth Respondent)