NSW Caselaw
NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FVX [2015] NSWCATGD 25 Hearing dates: 6 October 2015 Date of orders: 06 October 2015 Decision date: 06 October 2015 Jurisdiction: Guardianship Division Before: J Kearney, Senior Member (Legal) M Staples, Senior Member (Professional) D Crowley, General Member (Community) Decision: Request to review guardianship order refused.
Request to review financial management order refused. Catchwords: GUARDIANSHIP – request to review guardianship order – participation by subject person in the hearing – ability of subject person to participate – best interests
INTERLOCUTORY – threshold issue – whether application discloses sufficient grounds to warrant a review – whether the Tribunal should adjourn to allow medical assessment to occur – found no grounds for current review – requested review of guardianship order refused
FINANCIAL MANAGEMENT – request to review financial management order – INTERLOCUTORY – threshold issue – whether application discloses sufficient grounds to warrant a review – best interests – found no grounds for current review – requested review of financial management order refused
INTERLOCUTORY – application for leave to be legally represented – s 45(1) – party not present – importance of the proceedings to party seeking leave – leave to be legally represented granted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Guardianship Act 1987 (NSW) Category: Principal judgment Parties: Mrs FVX (the subject person) Mr KDX (the applicant) The NSW Trustee and Guardian The Public Guardian Representation: Legal Representatives File Number(s): 56099 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).
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