HWS [2016] NSWCATGD 32

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: HWS [2016] NSWCATGD 32 Hearing dates: 22 June 2016 Date of orders: 22 June 2016 Decision date: 22 June 2016 Jurisdiction: Guardianship Division Before: G Moin, Senior Member (Legal) B McPhee, Senior Member (Professional) M Williams, General Member (Community) Decision: Guardianship order; guardianship order made for 1 month with advocacy functions.

Financial management; private manager appointed on an interim basis for one month. Catchwords: GUARDIANSHIP – application for guardianship orders –previous finding that subject person has disability which affects decision making – where subject person is overseas – discussion on extraterritorial jurisdiction– hearing continued despite subject person absent from hearing – family member appointed as guardian

FINANCIAL MANAGEMENT – need for a financial management order – vulnerability to exploitation or self-mismanagement – interim financial management order – private manager appointed Legislation Cited: Civil and Administrative Tribunal Act (NSW), s 38(5) Domicile Act 1979 (NSW), s 7 Guardianship Act 1987 (NSW), ss 3(1), 3(2), 4, 4(a), 4(e), 4(g), 14, 14(2), 15(3), 17(1), 25G, 25H, 25M Interpretation Act 1987 (NSW), s 12 Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 C S and M Y v the Guardianship Tribunal and the Public Guardian (Supreme Court (NSW), Windeyer J, 29 November 1999, unrep) CJ v AKJ [2015] NSWSC 498 Holt v Protective Commissioner (1993) 31 NSWLR 227 IF v IG [2004] NSWADTAP 3 JAK [2007] NSWGT 23 (31 October 2007) Jumbunna Coal Mine v Victorian Coal Miners' Association (1908) 6 CLR 309 KDT [2010] NSWGT 5 (20 January 2010) Kioa v West [1985] 159 CLR 550 M v M [2013] NSWSC 1495 McD v McD (1983) 3 NSWLR 81 Mobil Oil Australia Pty Limited v Victoria (2002) 211 CLR 1 NGM [2011] NSWGT 7 (11 March 2011)) P v D1 [2011] NSWSC 257 P v NSW Trustee and Guardian [2015] NSWSC 579 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re B [2011] NSWSC 1075 Re D [2012] NSWSC 1006 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 Texts Cited: Pearce and Geddes, Statutory Interpretation in Australia, 4th Ed 1996, Butterworths Category: Principal judgment Parties: Mr HWS (subject person) Mr NBT (applicant) NSW Public Guardian NSW Trustee and Guardian Representation: Nil File Number(s): 58326 Publication restriction: Decisions of the Guardianship Division of the Civil and Administrative Tribunal have been anonymised to remove any information that may identify any person involved in the Tribunal's proceedings (s 65, Civil and Administrative Tribunal Act 2013 (NSW)).