Van Eeden v Protective Commissioner [2005] NSWADT 225

CITATION: Van Eeden v Protective Commissioner [2005] NSWADT 225 DIVISION: General Division APPLICANT PARTIES: Theunis Van Eeden RESPONDENT Protective Commissioner FILE NUMBER: 053177 HEARING DATES: 26/08/2005 SUBMISSIONS CLOSED: 08/26/2005 DATE OF DECISION: 10/05/2005

BEFORE: Rees N - Judicial Member APPLICATION: Protected Estates Act - Protective Commissioner - powers as to property - Protective Commissioner - powers as to property MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 District Court Act 1973 High Court Rules LEGISLATION CITED : Judiciary Act 1903 (Cth) Protected Estates Act 1983 Protected Estates Regulation 2003 Uniform Civil Procedure Rules 2005 Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 Fox v Percy (2003) CLR 118 CASES CITED: Haines v Leves (1987) 8 NSWLR 442 Minister for Immigration and Multicultural and Indigenous Affairs v SGLB (2004) 78 ALJR 992 Van Eeden v Henry [2005] NSWCA 14 APPLICANT REPRESENTATION: S Dixon, barrister RESPONDENT T Tunbridge, solicitor ORDERS: The decision under review is affirmed

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) This section applies only to the following: (a) proceedings in the Community Services Division of the Tribunal, (b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division, (b1) proceedings in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983, (b2) proceedings in relation to a reviewable decision made under the Guardianship Act 1987 or the Protected Estates Act 1983 (c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.