BRN [2015] NSWCATGD 43

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BRN [2015] NSWCATGD 43 Hearing dates: 25 November 2015 Date of orders: 25 November 2015 Decision date: 25 November 2015 Jurisdiction: Guardianship Division Before: J Currie, Senior Member (Legal) S Taylor, Senior Member (Professional) D Sword, General Member (Community) Decision: Application for financial management order dismissed under s 55 of the Civil and Administrative Tribunal Act 2013 (NSW), on the ground that it considered the proceedings to be misconceived and lacking in substance. Application for guardianship order dismissed. Catchwords: REVOCATION OR VARIATION OF FINANCIAL MANAGEMENT ORDER – whether application should be summarily dismissed – multiple applications for review by same applicant – whether proceedings frivolous or vexatious – no change in circumstance or new facts – application misconceived and lacking in substance – dismissed

GUARDIANSHIP – person subject of the application alcoholic – whether incapacity fluctuating condition – assistance from family – application dismissed

PRACTICE AND PROCEDURE – applicant decided to leave hearing – whether Tribunal should continue in her absence – best interests – regard to written submissions Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 55(1)(b) Guardianship Act 1987 (NSW), ss 3, 3(2), 14(2), 25O, 25P(1), 25P(2) Div 2, Pt 3A Interpretation Act 1987 (NSW), s 21C Cases Cited: IF v IG [2004] NSWADTAP 3 Category: Principal judgment Parties: To the application for revocation or variation of the financial management order: