NBL [2019] NSWCATGD 5

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NBL [2019] NSWCATGD 5 Hearing dates: 5 October 2018 written submissions 29 October 2018 Date of orders: 29 January 2019 Decision date: 29 January 2019 Jurisdiction: Guardianship Division Before: L Organ, Senior Member (Legal) Decision: 1. The Tribunal has jurisdiction to hear the applications for review of an enduring power of attorney and review of an enduring guardianship appointment.

2. The applications are to be listed for further directions on a date to be advised by the Registry.

3. Any application by a party for legal representation is to be made in writing prior to the directions hearing. Catchwords: GUARDIANSHIP – review of making and operation and effect of enduring guardianship appointment – review of operation and effect of enduring power of attorney – interlocutory – jurisdiction – parties residing in different States of Australia – whether applications 'matters' between residents of different States – nature of Tribunal's power – Tribunal found to have jurisdiction

WORDS AND PHRASES – Diversity Jurisdiction – Domicile – Residence – Extraterritoriality Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 29 Commonwealth of Australia Constitution Act 1900 (Cth), ch III, ss 75(iv), 77 Domicile Act 1979 (NSW), s 7(2) Guardianship Act 1987 (NSW), Pts 3A, 5, ss 4, 6K(3) Judiciary Act 1903 (Cth), s 39 Powers of Attorney Act 2003 (NSW), div 4, pt 3, ss 36(1), 36(3)–(9), 37(1) Residential Tenancies Act 2010 (NSW), s 87 Cases Cited: Attorney General for New South Wales v Gatsby [2018] NSWCA 254 Burns v Corbett [2018] HCA 15 CJ v AKJ [2015] NSWSC 498 EMG v Guardianship and Administration Board of Victoria [1999] NSWSC 501 GS [2018] WASAT 72 JAK [2007] NSWGT 23 (31 October 2007 Kertesz v Kertesz [1954) VLR 195 Kumagai Gumi Co Ltd v FCT [1999] FCA 235; (1999) 161 ALR 699 Love v Attorney General (NSW) (1990) 169 CLR 307 NCK [2004] WAGAB 6 P v P (1994) CLR 583 Precision Data Holdings Ltd v Wills (1991) 173 CLR 167 Re Eve [1986] 2 SCR 388 Re G [1966] NZLR 1028 Re McBain; Ex parte Australian Catholic Bishops Conference & Anor [2002] CLR 372 Re S (Hospital Patient; Foreign Curator) [1995] 4 All ER 30 Zistis v Zistis [2018] NSWSC 722 Texts Cited: Leeming JA, Authority to Decide-The Law of Jurisdiction in Australia, (2012, Federation Press) Lindsay J, "A Struggle for Perfection in an Imperfect World: Dignity of the Individual, Capacity for Self-Management, Rights, Duties and Conflicts of Interest", Supreme Court of New South Wales Speeches, 26 October 2018 Lindsay J, "The Incapacitated Plaintiff and Personal Injury Compensation Proceedings", Supreme Court of New South Wales Speeches, 11 March 2017 Category: Principal judgment Parties: 001: Review of an Enduring Power of Attorney