ZFV & anor v ZFW & ors [2018] NSWCATAP 44

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZFV & anor v ZFW & ors [2018] NSWCATAP 44 Hearing dates: 27 October 2017 Date of orders: 12 February 2018 Decision date: 12 February 2018 Jurisdiction: Appeal Panel Before: A Britton, Principal Member K Ransome, Senior Member A Lowe, General Member Decision: 1. The appeal against the decision made by the Tribunal on 19 June 2017 is allowed.

2. The decision under appeal is remitted to the Guardianship Division of NCAT for reconsideration.

3. The Appeal Panel orders under s 45(4)(c) of the Civil & Administrative Tribunal Act 2013 (NSW), that ZFU be separately represented in the proceedings before the Guardianship division of NCAT. In the interests of continuity, Legal Aid NSW is requested to appoint Michael Dampney, the separate representative for ZFU in the appeal.

4. The Appeal Panel orders under s 44(1) of the Civil & Administrative Tribunal Act that ZHS be joined as a party to proceedings.

5. ZHS is directed to provide within seven days, his contact details to the Registrar of the Guardianship Division of NCAT.

6. Any party wishing to rely on evidence (for example a statement, statutory declaration or medical report) in the hearing before the Tribunal, must give a copy of their evidence to the Tribunal and all other parties, no later than 10 days before the hearing.

7. The Registrar is requested to: a) List the hearing for a half day in Port Macquarie b) Notify the appellants and ZHS of the hearing c) Provide a copy of these orders to Legal Aid NSW Catchwords: HUMAN RIGHTS — Tribunals, commissions and other authorities — Civil and Administrative Tribunal – procedural fairness — application of hearing rule