BME [2016] NSWCATGD 33

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BME [2016] NSWCATGD 33 Hearing dates: 26 May 2016 Date of orders: 26 May 2016 Decision date: 22 June 2016 Jurisdiction: Guardianship Division Before: C Murray, Senior Member (Legal) S Flanagan, Senior Member (Professional) M Spencer, General Member (Community) Decision: Financial management; private manager revoked, NSW Trustee and Guardian appointed.

Revocation of financial management order; dismissed.

Application for legal representative granted. Catchwords: FINANCIAL MANAGEMENT – application to revoke financial management order – solicitor's conflict of duty – consideration of whether subject person recovered capacity to manage finances – financial vulnerability – incapable to manage financial affairs – NSW Trustee and Guardian confirmed as financial manager Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), sch 6 cl 5(2); ss 36, 36(1), 36(5), 38(2) Conveyancing Act 1919 (NSW), s 66G Family Law Act 1975 (Cth) Guardianship Act 1987 (NSW), ss 4, 4(a), 25, 25M, 25T, 25U, 25U(4), 25U(4)(a), 25U(4)(b), 25U(4)(c) NSW Trustee and Guardian Act 2009 (NSW), ss 39, 118 Cases Cited: Ability One Financial Management Pty Limited v JB by his Tutor AB [2014] NSWSC 245 Holt v Protective Commissioner (1993) 31 NSWLR 227 KW v Protective Commissioner [2008] NSWADTAP 5 M v M [2013] NSWSC 1495 Official Solicitor v K [1965] AC 201 Roberts v Balancio (1987) 8 NSWLR 436 Category: Principal judgment Parties: Mrs BME (protected person) Mrs MZS (daughter, financial manager, guardian and carer) Mr EXE (spouse, attorney (under a suspended enduring power of attorney), and the person who requested the revocation of the order and review of the appointment) NSW Trustee and Guardian Representation: Legal Representation: