FYM v NSW Trustee and Guardian [2024] NSWCATAD 234

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FYM v NSW Trustee and Guardian [2024] NSWCATAD 234 Hearing dates: 5 December 2023 Date of orders: 13 August 2024 Decision date: 13 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: (1) The decision of the NSW Trustee and Guardian dated 1 August 2023 is set aside. (2) In substitution, the following decision is made: The proceeds of the sale of the apartment are to be divided as follows: 37.26% to the husband; 62.74% to the wife. Catchwords: Financial Management Order – sale of property – distribution of sale proceeds – joint tenancy – accommodation and care needs. Legislation Cited: NSW Trustee and Guardian Act 2009 Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 NSW Trustee and Guardian Regulation 2017 Cases Cited: Stanford v Stanford [2012] HCA 52 Category: Principal judgment Parties: FYM (First Applicant) GBD (Second Applicant)

NSW Trustee and Guardian (First Respondent) GCG (Second Respondent) Representation: Counsel: Ms R Druitt (Second Respondent)

Solicitors: First Applicant (Self-Represented) Second Applicant (Self-Represented) J Gardiner (NSW Trustee and Guardian (First Respondent) Suzanne Wyman & Associates (Second respondent) File Number(s): 2023/00271182 Publication restriction: Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013, a person must not without the consent of the Tribunal, publish, or broadcast the name of any person who appears as a witness in these proceedings, to whom these proceedings relate, or is mentioned or otherwise involved in the proceedings. The name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person.