UBK [2018] NSWCATGD 22

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: UBK [2018] NSWCATGD 22 Hearing dates: 28 June 2018 Date of orders: 28 June 2018 Decision date: 28 June 2018 Jurisdiction: Guardianship Division Before: J S Currie, Senior Member (Legal) M J Staples, Senior Member (Professional) Emeritus Professor P J Foreman, General Member Decision: 1. The estate of UBK is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).

2. KZL of [Address removed for publication.] is appointed as the financial manager of the estate.

NOTE: The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has obtained all necessary authorities from the NSW Trustee and Guardian.

3. This order be reviewed by the Tribunal within 12 months.

RECOMMENDATIONS

The Tribunal recommends:

a) that Mr KZL should consider applying for recognition of this order by the Australian Capital Territory Civil and Administrative Tribunal if at any time during the term of the order it is intended to sell or otherwise dispose of the family home which the Tribunal understands to be located in the Australian Capital Territory. Catchwords: GUARDIANSHIP – application for a financial management order – protective nature of Tribunal's jurisdiction – suitability of proposed financial manager – reviewable financial management order made Legislation Cited: Guardianship Act 1987 (NSW), s 4(a) NSW Trustee and Guardian Act 2009 (NSW), s 39(a) Cases Cited: Application by AMAM; Re SAM [2011] NSWSC 503 M v M [2013] NSWSC 1495 CJ v AKJ [2015] NSWSC 498 and P v NSW Trustee and Guardian [2015] NSWSC 579 G v G [2016] NSWSC 511 GW v Protective Commissioner & Ors [2003] NSW ADTAP 51 H v H [2015] NSW SC 837 Holt & Anor v Protective Commissioner (1993) 31 NSWLR 227 McD v McD (1983) 3 NSWLR 81, 86 Re W and L (Parameters of Estate Management Orders) [2014] NSWSC 1106 Texts Cited: Nil Category: Principal judgment Parties: Mr UBK (subject person) Mr KZL (applicant, carer) NSW Trustee and Guardian(statutory party) Representation: Nil File Number(s): NCAT 2018/00175785 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)).