BTH v NSW Public Guardian [2016] NSWCATAP 12

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BTH v NSW Public Guardian [2016] NSWCATAP 12 Hearing dates: 21 December 2015 Date of orders: 22 December 2015 Decision date: 15 January 2016 Jurisdiction: Appeal Panel Before: M Schyvens, Deputy President Decision: Application to revoke leave for legal representation previously granted to BTI dismissed. Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – Guardianship Division

INTERLOCUTORY – application to revoke leave for legal representation previously granted to subject person – legal principles – s 45(3)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) – r 32(2) of the Civil and Administrative Tribunal Rules 2014 (NSW) – solicitor's conduct – whether breach of conduct rules – confidential information held by solicitor – solicitor's duty to act in the best interests of each client – application dismissed Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 37, 45(3)(b), 45(4)(c), 80(3), Sch 6, cl 13(1) Civil and Administrative Tribunal Rules 2014 (NSW), r 32 Courts and Crimes Legislation Amendment Act 2015 (NSW), Sch 1, cl 1.2(1) (repealed) Guardianship Act 1987 (NSW), s 6I Powers of Attorney Act 2003 (NSW), s 36 Legal Profession Uniform Law Australia Solicitors' Conduct Rules 2015 (NSW), r 9, r 11 NSW Professional Conduct and Practice Rules 2013 (repealed), r 9, r 11 Cases Cited: BDN [2014] NSWCATGD 15 Kallinicos v Hunt [2005] NSWSC 1181; (2005) 64 NSWLR 561 at [32] Prince Jefri Bolkiah v KPMG [1998] UKHL 52; [1999] 2 AC 222 Sanna v Wyse and Young International Pty Limited & Others (No.1) [2015] NSWSC 580 Texts Cited: Nil Category: Procedural and other rulings Parties: BTH (Appellant) The Public Guardian (First Respondent) BTI (Second Respondent) BTJ (Third Respondent) Representation: G Gayler, solicitor (Appellant) C O'Mahony, solicitor (Second Respondent) M Duncan, solicitor (Third Respondent) File Number(s): AP 15/05027 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information picture or other material that identifies them or is likely to lead to their identification is prohibited (s 65, Civil and Administrative Tribunal Act 2013 (NSW)). Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Guardianship Division Citation: 2014/4667 Date of Decision: 21 November 2014 Before: D Thorley, Dr I Beale, and L Manns File Number(s): C/54466