MQN (No 2) [2018] NSWCATGD 47

NSW Civil and Administrative Tribunal New South Wales Medium Neutral Citation: MQN (No 2) [2018] NSWCATGD 47 Hearing dates: 7, 8 and 9 February 2018 Date of orders: 07 September 2018 Decision date: 07 September 2018 Jurisdiction: Guardianship Division Before: A R Boxall, Senior Member (Legal) S A McSwiggan, Senior Member (Professional) L Stewart, General Member (Community) Decision: 1. The Tribunal gave leave for NZG and MBL to be represented by Mrs Madeleine Gilmour, barrister

2. The Tribunal gave leave for MBL to be represented by Mr John Warburton, solicitor.

3. The Tribunal gave leave for DVN to be represented by Mr Todd Alexis SC.

4. The Tribunal ordered that the document dated 23 January 2018 and entitled Confidential Summary of Respondent's Assets and Liabilities filed by DVN be kept confidential to the Tribunal and not be available for inspection by any party.

5. The Tribunal dismissed NZG's and MBL's application of 28 January 2018, that DVN provide a copy of that document to them.

6. The guardianship application for MQN was dismissed because NZG has withdrawn the application and the Tribunal consents.

7. The Tribunal dismissed the financial management application for MQN.

8. The Tribunal decided under section 36 of the Powers of Attorney Act 2003 to undertake a review of the enduring power of attorney dated 15 July 2011 granted by MQN.

9. The Tribunal dismissed the application to review the enduring power of attorney dated 15 July 2011 granted by MQN. Catchwords: FINANCIAL MANAGEMENT – application for a financial management order – whether there is a need for a financial management order – large and complex estate – where existing arrangements are informal – existing arrangements meeting the subject person's needs – s 4 principles – where subject person's views can be inferred – importance of preserving the subject person's family relationships and cultural and linguistic environment – protection of the subject person from abuse, neglect and exploitation – subject person's welfare and interests – whether a conflict of interest exists – where subject person's welfare and interests are not served by a change in current arrangements – where subject person's welfare and interests are best served by retaining the current arrangements – application for a financial management order dismissed.