Re DEF and the Protected Estates Act 1983 [2005] NSWSC 534

New South Wales Supreme Court

CITATION : Re DEF and the Protected Estates Act 1983 [2005] NSWSC 534

JUDGMENT DATE : 2 June 2005

Equity JURISDICTION : Protective List

JUDGMENT OF : Campbell J

DECISION : Queensland order recognised as valid throughout Australia. Advice given about action to take concerning power of attorney.

CATCHWORDS : MENTAL HEALTH - guardians, committees, administrators, managers and receivers - appointment by Queensland Supreme Court of Protective Commissioner as manager of part of a person's estate - procedural irregularities in circumstances in which appointment made - whether order recognised as a valid order in Queensland - whether order recognised as a valid order elsewhere in Australia - MENTAL HEALTH - effect of mental illness or disability on civil rights and duties - effect of appointment of Protective Commissioner as manager of part of a person's estate on that person's ability to give a power of attorney - steps Protective Commissioner should take when a power of attorney has been given by such a person - JUDGMENTS AND ORDERS - orders of a superior court of a law district - treated as valid within that law district unless and until set aside - effect on validity of superior court acting beyond jurisdiction - effect of court mis-stating the source of its authority to make an order - effect of full faith and credit provision in section 185 Evidence Act 1995 (Cth) on interstate recognition of a judgment - EVIDENCE - full faith and credit provision in section 185 Evidence Act 1995 (Cth) - meaning of "full faith and credit" - whether section 185 has substantive effect or only evidentiary effect - STATUTES - construction - grant of jurisdiction to superior court - STATUTES - construction - procedures to be followed by a court in exercising the jurisdiction conferred upon it by a statute - PRACTICE - jurisdiction - effects of conferral of jurisdiction by Jurisdiction of Courts (Cross-Vesting) Act 1987 of the various States upon the jurisdiction of the Supreme Court of other States and Territories