G v G [2016] NSWSC 511

Supreme Court New South Wales

Medium Neutral Citation: G v G [2016] NSWSC 511 Hearing dates: - Date of orders: 26 April 2016 Decision date: 26 April 2016 Jurisdiction: Equity Before: Lindsay J (in chambers) Decision: (1) Protected Estate Management Orders varied by appointment of a new manager to act jointly with the continuing manager; (2) Order that the Managers also be appointed as a committee of the person (ie, Guardians) of the protected person; and (3) Directions given in relation to management of the estate and person of the protected person. Catchwords: PROTECTIVE JURISDICTION - Incapacity for self-management – Management of protected estate – Variation and appointment of family members as managers

GUARDIANSHIP – Guardians, committees, administrators, managers and receivers – Appointment – Capacity for self-management – Meaning – Governed by nature and purpose of protective jurisdiction - Protected person exposed to exploitation via proposal for marriage overseas - Orders facilitating placement of protected person's name on watchlist at points of arrival and departure of Australia – Orders for guardians to have care of protected person's passport Legislation Cited: Guardianship Act 1987 NSW NSW Trustee and Guardian Act 2009 NSW Protected Estates Act 1983 NSW Cases Cited: GAU v GAV [2014] QCA 308 Holt v Protective Commissioner (1993) 31 NSWLR 227 IR v AR [2015] NSWSC 1187 M v M [1981] 2 NSWLR 334 Re Eve [1986] 2 SCR 388; (1986) 31 DLR (4th) 1 Wellesley v Duke of Beaufort (1827) 2 Russ 1; 38 ER 236 RH v CAH [1984] 1NSWLR 694 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 Wellesley v Wellesley (1828) 2 Bli NS 124; 4 ER 1078 Texts Cited: HS Theobald, The Law Relating to Lunacy (London, 1924), pages 49-50 Category: Principal judgment Parties: Plaintiff: Father, and continuing Manager of the protected estate, of the defendant. Defendant: A person in need of protection Representation: Solicitors: