ZGW v ZGX [2018] NSWCATAP 297

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ZGW v ZGX [2018] NSWCATAP 297 Hearing dates: 16 August 2018 Date of orders: 12 December 2018 Decision date: 12 December 2018 Jurisdiction: Appeal Panel Before: A Britton, Principal Member J Moir, Senior Member J Le Breton, General Member Decision: (1) The time for lodging the appeal is extended to 29 May 2018.

(2) Appeal allowed.

(3) The orders made by the Tribunal on 16 November 2017 are set aside.

(4) The matter is remitted to be reconsidered by the Tribunal with further evidence if permitted by the Tribunal.

(5) Order 3 does not come into effect until the Tribunal re-determines the application. Catchwords: APPEAL — whether "no evidence" to support a finding of fact — whether challenged fact a jurisdictional fact

ADMINISTRATIVE LAW — procedural fairness — whether Tribunal failed to take such measures as are reasonably practicable to ensure that each party had a reasonable opportunity to be heard

STATUTORY INTERPRETATION — whether s 37 of the Civil and Administrative Tribunal Act 2013 requires the Tribunal to use a "resolution process"

ADMINISTRATIVE LAW — mandatory consideration — whether Tribunal was required to have regard to views of subject person Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Guardianship Act 1987 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; [1990] HCA 33 Azzopardi v Tasman UBE Industries Pty Limited (1985) 4 NSWLR 139 L & B Linings Pty Limited v WorkCover Authority of NSW [2012] NSWCA 15 Frost v Kourouche (2014) 86 NSWLR 214; [2014] NSWCA 39 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 Kostas v HIA Insurance Services Pty Limited [2010] HCA 32 P v NSW Trustee and Guardian [2015] NSWSC 579 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam (2003) 214 CLR 1; [2003] HCA 6 Smith & Anor v Collings Homes Pty Ltd & Anor [2004] NSWCA 75 South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 Stead v State Government Insurance Commission [1986] HCA 54; 161 CLR 141 ZBC v ZBD [2016] NSWCATAP 264 ZGW v ZGY [2018] NSWCATAP 132 Category: Principal judgment Parties: ZGW (Appellant) ZGX (First Respondent) ZGY (Second Respondent) Representation: ZGW (in person) ZGX (in person) ZGY (no appearance) File Number(s): AP 18/24899 Publication restriction: The publication of the name of any of the parties or other people referred to in this decision including the publication of any information picture or other material that identifies them or is likely to lead to their identification is prohibited. Decision under appeal Court or tribunal: NSW Civil and Administrative Tribunal Jurisdiction: Guardianship Division Date of Decision: 16 November 2017 Before: M Gardner, Senior Member (Legal)J McAuliffe, Senior Member (Professional)M McCalman, General Member File Number(s): 2017/00213183-008; 2017/00213183-001