MQN [2017] NSWCATGD 9

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MQN [2017] NSWCATGD 9 Hearing dates: 4 May 2017 Date of orders: 04 May 2017 Decision date: 04 May 2017 Jurisdiction: Guardianship Division Before: A Boxall, Senior Member (Legal) Decision: Request to transfer proceedings to Supreme Court 1. The Tribunal dismissed, by consent, the application to refer Guardianship Application 2017/420 to the Supreme Court of New South Wales. 2. The Tribunal reserved its decision on the applications to refer Financial Management Application 2017/421 and Application for Review of an Enduring Power of Attorney 2017/422 to the Supreme Court of New South Wales.

Legal Representation 1. The Tribunal grants leave for Ms NZG and Ms MBL to be represented by Mr P Blackburn-Hart S.C., an Australian legal practitioner, in proceedings 2017/1738 before the Tribunal concerning an application for the referral of proceedings 2017/420, 2017/421 and 2017/422 to the Supreme Court of New South Wales. Catchwords: ANCILLARY – request to transfer proceedings to Supreme Court under s 25L of the Guardianship Act – jurisdiction – authority to transfer – request to transfer review of enduring power of attorney, guardianship and financial management applications refused

INTERLOCUTORY – application for legal representation – application granted Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 38, 45, 54, 60 Guardianship Act 1987 (NSW), ss 4, 4(a), 25I, 25K(1), 25L, ; pt 3A NSW Trustee and Guardian Act 2009 (NSW) Powers of Attorney Act (NSW), ss 19, 34, 34(2), 35(1), 36, 36(4)(g); div 4 of pt 5 Cases Cited: Bovaird v Bovaird [2007] NSWSC 146 Szoda v Szoda [2010] NSWSC 804 Category: Principal judgment Parties: Mrs MQN (subject person) Ms NZG (applicant) Mr DVN (son and power of attorney) The NSW Trustee and Guardian The NSW Public Guardian Representation: Legal Representation: T Alexis S.C. (Mr DVN) P Blackburn-Hart S.C. (Ms NZG and Mrs MBL) File Number(s): 64698 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)).