UEB [2017] NSWCATGD 25

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UEB [2017] NSWCATGD 25 Hearing dates: 14 July 2017 Date of orders: 14 July 2017 Decision date: 14 July 2017 Jurisdiction: Guardianship Division Before: K A McMahon, Senior Member (Legal) F Duffy, Senior Member (Professional) Dr M Spencer, General Member (Community) Decision: The applications are dismissed because the Tribunal has no jurisdiction. Catchwords: GUARDIANSHIP AND FINANCIAL MANAGEMENT – interlocutory issues – whether the Tribunal has jurisdiction to make a guardianship order where subject person is resident of Queensland at the time of the hearing – extraterritorial application of Guardianship Act 1987 (NSW) – rebuttable presumption – applications dismissed Legislation Cited: Guardianship Act 1987 (NSW) Interpretation Act 1987 (NSW) ss 12, 15 Cases Cited: EMG v Guardianship and Administration Board of Victoria [1999] NSWSC 501 JAK [2007] NSWGT 23 (31 October 2007) Jumbunna Coal Mine v Victoria Coal Miners' Association (1908) 6 CLR 309; [1908] HCA 87 Kumagai Gumi Co Ltd v FCT [1999] FCA 235; (1999) 161 ALR 699 NCK [2004] WAGAB 6 [1995] 4 ALL ER 30 Re G [1966] NSLR 10 Re G [1966] NZLR 1028 Re S (Hospital Patient: Foreign curator) [1995] 4 All ER 30 Texts Cited: Nil Category: Principal judgment Parties: Mr UEB (subject person) Ms MAC (applicant) Ms KIG (carer) The NSW Trustee and Guardian Public Guardian Representation: Nil File Number(s): NCAT 2017/00197091 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)).