ZAN v The Public Guardian [2016] NSWCATAP 20

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZAN v The Public Guardian [2016] NSWCATAP 20 Hearing dates: 4 December 2015 Date of orders: 04 December 2015 Decision date: 21 January 2016 Jurisdiction: Appeal Panel Before: Wright J, President M Schyvens, Deputy President L Porter, General Member (Community) Decision: (1) The name of the appellant be amended to ZAN in this appeal. (2) ZAL be joined as a respondent to this appeal. (3) The appeal is allowed. (4) Subject to order (6), the guardianship order and the financial management order made on 12 August 2015 are set aside. (5) The matters are remitted for redetermination by the Guardianship Division at the same time as and together with the request to review guardianship lodged on 20 November 2015. (6) Order (4) above is not to take effect until the remitted proceedings are finally determined Catchwords: APPEAL – Civil and Administrative Tribunal (NSW) – Guardianship Division – internal appeal – applications for guardianship and financial management – question of law – procedural fairness – where statutory party to proceedings not identified by the Tribunal – where documents not provided to party – inadequate notice of hearing – self-represented litigants – duty of Tribunal to advise of right to seek an adjournment – appeal upheld – matter remitted for redetermination

GUARDIANSHIP – protective jurisdiction – section 4 principles – balance between procedural fairness and duty to protect the welfare and the interests of the person