QCK [2017] NSWCATGD 32

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: QCK [2017] NSWCATGD 32 Hearing dates: 21 August 2017 Date of orders: 21 August 2017 Decision date: 21 August 2017 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) Decision: 1. The financial management order made for Mr QCK on 12 January 2015 is revoked, subject to the operation of order 2.

2. Order 1 will not have effect until the latter of:

(a) the expiry of three months from this date; and

(b) the date on which NSW Trustee and Guardian sends formal written notification to the Tribunal that it has passed without reservation the accounts of the estate for the period 12 January 2016 to 11 January 2017.

3. Any party has liberty to apply to the Tribunal on seven days' notice to each other party. Catchwords: FINANCIAL MANAGEMENT – application for revocation of financial management order –– whether subject person has regained capacity to manage affairs – evidence as to non-compliance with reporting requirements of NSW Trustee and Guardian by financial manager – conditional order made in exercise of powers under section 58 Civil and Administrative Tribunal Act – revocation order to have effect at a future date, upon compliance with the requirements of NSW Trustee and Guardian Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), ss 36, 36(2), 58 Guardianship Act 1987 (NSW), ss 25P(1)(a)-(b), 25P(2) Cases Cited: CJ v AKJ [2015] NSWSC 498 G v G [2016] NSWSC 511 GW v Protective Commissioner & Ors [2003] NSW ADTAP 51 McD v McD (1983) 3 NSWLR 81 Re W and L (Parameters of Estate Management Orders) [2014] NSWSC 1106 Texts Cited: Nil Category: Principal judgment Parties: Mr QCK (person under financial management) Mr RMK (applicant, appointed financial manager) Mrs TDK (spouse, carer) NSW Trustee and Guardian Representation: Nil File Number(s): 2014/ 00382893 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)).