NFM [2015] NSWCATGD 60

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NFM [2015] NSWCATGD 60 Hearing dates: 15 October 2015 Date of orders: 15 October 2015 Decision date: 15 October 2015 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) Dr H Creasey AM, Senior Member (Professional) D R Sword, General Member (Community) Decision: 1. The Tribunal decided to dismiss both the guardianship application and the financial management application made in respect of Ms NFM.

2. The Tribunal decided to refuse the application by Ms DZT to be joined as a party to both applications. Catchwords: GUARDIANSHIP – application for a guardianship order – application for a financial management order – procedure – procedural fairness and natural justice – hearing rule – balance between procedural fairness and duty to protect the welfare and the interests of the subject person – consideration of views of subject person – evidence taken from subject person in absence of other parties – joinder of party – removal of party – considerations of Tribunal in joinder / removal of party – alleged vulnerability to exploitation – application dismissed

EVIDENCE – expert evidence – assessment of medical evidence Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 36 Family Provision Act 1982 (NSW) Guardianship Act 1987 (NSW), ss 3(1), 3(2), 3(2)(a)–(d), 3F(e), 4, 4 (a), 4(d)–(e), 14, 14(b), 14(2) Powers of Attorney Act 2003 (NSW), s 19 Cases Cited: BTD v NSW Trustee and Guardian [2015] NSWCATAP 87 CJ v AKJ [2015] NSWSC 498 IF v IG & Ors [2004] NSWADTAP 3 P v R [2003] NSWSC 819 PB v BB [2013] NSWSC 1223 Re D [2012] NSWSC 1006 Re GHI (a protected person) [2005] 221 ALR 589 Re SU (Supreme Court (NSW) Windeyer J, 17 September 2001, unrep) Texts Cited: Nil Category: Principal judgment Parties: Ms NFM (the subject person) Mrs NAQ (the applicant) Mrs EYO (appointed enduring guardian of Ms NFM) Ms BCW (appointed enduring Guardian of Ms NFM) The NSW Trustee and Guardian The NSW Public Guardian Representation: Legal representation: