FX v NSW Trustee and Guardian (External) [2011] NSWADTAP 31

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: FX v NSW Trustee and Guardian (External) [2011] NSWADTAP 31 Hearing dates: 20 May 2011 Decision date: 30 June 2011 Jurisdiction: Appeal Panel - External Before: Magistrate N Hennessy, Deputy President Ms C Huntsman, Judicial Member Ms A Wunsch, Non-Judicial Member Decision: 1. The decision of the Guardianship Tribunal dated 19 January 2011 in relation to the third respondent (FW) is affirmed. 2. The application of the second respondent (XO) for costs is refused. Catchwords: APPEAL - procedural fairness - relevance of material - opportunity to be heard Legislation Cited: Administrative Decisions Tribunal Act 1997 Aged Care Act 1997 (Cth) Family Provision Act 1982 Guardianship Act 1987 Cases Cited: GM v Guardianship Tribunal [2003] NSWADTAP 59 IF v IG & Ors [2004] NSWADTAP 3 K v K [2000] NSWSC 1052 KA v Public Guardian [2004] NSWADTAP 25 Re Minister for Immigration and Multicultural Affairs; ex parte Miah (2001) 206 CLR 57 Re R [2000] NSWSC 886 Re Refugee Tribunal; ex parte Aala (2002) 204 CLR 82 S v S [2001] NSWSC 146 Category: Principal judgment Parties: FX (Appellant) NSW Trustee and Guardian (First Respondent) XO (Second Respondent) FW (Third Respondent) Guardianship Tribunal (Decision maker) Representation: FX (Appellant - in person) Byrnes & Cox (Second Respondent ) CBD Legal (Third Respondent) File Number(s): 118002 Publication restriction: s 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision Decision under appeal Citation: C/22541 Date of Decision: 2011-01-19 00:00:00 Before: Mr W Tearle Dr C West Dr C Quinn File Number(s): 2011/394