Re AAA; Report on a Protected Person’s Attainment of the Age of Majority [2016] NSWSC 805

Supreme Court New South Wales

Medium Neutral Citation: Re AAA; Report on a Protected Person's Attainment of the Age of Majority [2016] NSWSC 805 Hearing dates: In chambers Date of orders: 16 June 2016 Decision date: 16 June 2016 Jurisdiction: Equity - Protective List Before: Lindsay J Decision: A determination that protected estate management orders made during a protected person's minority continue, notwithstanding her attainment of the age of majority, in circumstances in which she remains incapable of managing her own affairs. Catchwords: PROTECTIVE JURISDICTION – Minor attains age of majority - Incapacity for self-management – Review of protected estate management orders – Procedures for management of protected person and estate Legislation Cited: Australian Courts Act 1828 (Imp), 9 Geo IV c 83 Guardianship Act 1987 NSW New South Wales Act, 1823 (Imp), 4 Geo IV c 96 NSW Trustee and Guardian Act 2009 NSW Succession Act 2006 NSW Supreme Court Act 1970 NSW Third Charter of Justice Cases Cited: AG v AP-G [2013] NSWSC 272 Fountain v Alexander (1982) 150 CLR 615 IR v AR [2015] NSWSC 1187 JMK v RDC and PTO v WDO [2013] NSWSC 1362 JP v CP [2013] NSWSC 273 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Application for partial management orders [2014] NSWSC 1428 Re C [2012] NSWSC 1097 Re Eve [1986] 2 SCR 388; 31 DLR (4th) 1 Re Frieda and Geoffrey [2009] NSWSC 133; 40 Fam LR 608 Re Q (Young J, 29 May 1985, unreported) Re Victoria [2002] NSWSC 647; 29 Fam LR 157 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Re WM (a person alleged to be of unsound mind) (1903) 3 SR (NSW) 552 Secretary, Department of Family and Community Services; Re "Lee" [2015] NSWSC 1276 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 Texts Cited: HS Theobald, The Law Relating to Lunacy (Stevens and Sons, London, 1924) Category: Principal judgment Parties: Plaintiff: Grandmother/carer of defendant Defendant: Incapable (Protected) person Protected Estate Manager of Defendant: Perpetual Trustee Company Ltd ACN 000 001 007 Representation: Protected Estate Manager of Defendant: Slater and Gordon, Lawyers NSW Trustee: Catherine Phang File Number(s): 2014/00165697