MYS [2016] NSWCATGD 66

MYS [2016] NSWCATGD 66

Mr MYS was a 10-year-old child whose relevant affairs involved complex legal matters concerning his late father's will, a discretionary trust and rights in the family home, and he was also a child under legal incapacity to conduct court proceedings. The Tribunal was satisfied that he could not manage those affairs, that without a financial manager he could not investigate, clarify or enforce his rights, and that appointment of a financial manager was in his best interests. Because unresolved concerns about Ms JBS meant the Tribunal could not be satisfied that she was suitable, and because Ms TAL had relevant financial experience, was willing to comply with the NSW Trustee and Guardian's...

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Financial Management Application / Decision on Application for Financial Management Order
Outcome
The Tribunal made a financial management order for Mr MYS, appointed Ms TAL as financial manager, and ordered review within three months.
Legal Topics
['application for a Financial Management Order' 'minor Under Legal Incapacity' 'management of Estate of a Child' 'discretionary Trust and Family Home Interests' 'appointment of Private Financial Manager' 'reviewable Financial Management Order' 'separate Representation']
['guardianship and Administration' 'financial Management' 'trusts and Estates'] ['application for a Financial Management Order' 'minor Under Legal Incapacity' 'management of Estate of a Child' 'discretionary Trust and Family Home Interests' 'appointment of Private Financial Manager' 'reviewable Financial Management Order' 'separate Representation']

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Procedural Posture

Financial Management Application / Decision on Application for Financial Management Order

Legal Issues

  1. 1 ['Whether Mr MYS was incapable of managing his affairs.' "Whether there was a need for another person to manage Mr MYS's affairs and whether it was in his best interests for a financial management order to be made." 'Who should be appointed financial manager.' 'Whether the application should be withdrawn.' 'Whether the financial management order should be reviewable and whether separate representation should be ordered for the review.']

Ratio Decidendi

Mr MYS was a 10-year-old child whose relevant affairs involved complex legal matters concerning his late father's will, a discretionary trust and rights in the family home, and he was also a child under legal incapacity to conduct court proceedings. The Tribunal was satisfied that he could not manage those affairs, that without a financial manager he could not investigate, clarify or enforce his rights, and that appointment of a financial manager was in his best interests. Because unresolved concerns about Ms JBS meant the Tribunal could not be satisfied that she was suitable, and because Ms TAL had relevant financial experience, was willing to comply with the NSW Trustee and Guardian's...

Court Disposition

The Tribunal made a financial management order for Mr MYS, appointed Ms TAL as financial manager, and ordered review within three months.

Orders

  • ['The estate of Mr MYS is subject to management under the NSW Trustee and Guardian Act 2009.' 'Ms TAL is appointed as the financial manager of the estate.' 'This order be reviewed by the Tribunal within 3 months.' 'Mr MYS is to be represented by a separate representative at the review of the order, and the separate...