TZU [2019] NSWCATGD 7

TZU [2019] NSWCATGD 7

TZU was incapable of managing her affairs because she lacked practical understanding of her bank account, pension, spending, access to money and bill payment, and because her foreseeable affairs included Family Law Act property proceedings, a possible compensation claim and an inheritance. Although ESI's existing assistance under the enduring power of attorney was working well, a financial management order was needed to ensure proper conduct of the family law proceedings because a power of attorney was not sufficient for the role of litigation guardian or case guardian. It was in TZU's best interests to make the order. ESI had genuine concern for TZU, had acted appropriately as attorney,...

Jurisdiction
Australia
Judgment Date
27 February 2019
Procedural Posture
Financial Management Application in the Guardianship Division of the NSW Civil and Administrative Tribunal / Decision After Hearing
Outcome
Financial management order made; ESI appointed as financial manager of TZU's estate; order to be reviewed within two years.
Legal Topics
['application for Financial Management Order' 'capacity to Manage Affairs' 'standing to Bring Application' 'appointment of Private Financial Manager' 'litigation Guardian and Case Guardian in Family Law Act Property Proceedings' 'reviewable Financial Management Order']
['guardianship and Administration' 'financial Management' 'protective Jurisdiction' 'family Law Procedure'] ['application for Financial Management Order' 'capacity to Manage Affairs' 'standing to Bring Application' 'appointment of Private Financial Manager' 'litigation Guardian and Case Guardian in Family Law Act Property Proceedings' 'reviewable Financial Management Order']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Financial Management Application in the Guardianship Division of the NSW Civil and Administrative Tribunal / Decision After Hearing

Legal Issues

  1. 1 ['Whether ESI had standing to bring the financial management application.' 'Whether TZU was incapable of managing her affairs.' "Whether there was a need for a financial management order and whether it was in TZU's best interests." 'Who should be appointed as financial manager.' 'Whether the financial management order should be reviewable within a specified time.']

Ratio Decidendi

TZU was incapable of managing her affairs because she lacked practical understanding of her bank account, pension, spending, access to money and bill payment, and because her foreseeable affairs included Family Law Act property proceedings, a possible compensation claim and an inheritance. Although ESI's existing assistance under the enduring power of attorney was working well, a financial management order was needed to ensure proper conduct of the family law proceedings because a power of attorney was not sufficient for the role of litigation guardian or case guardian. It was in TZU's best interests to make the order. ESI had genuine concern for TZU, had acted appropriately as attorney,...

Court Disposition

Financial management order made; ESI appointed as financial manager of TZU's estate; order to be reviewed within two years.

Orders

  • ['The estate of TZU is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).' 'ESI of [Address removed for publication.] is appointed as the financial manager of the estate.' 'The financial manager is not authorised to deal with the estate (other than to protect the assets) until he/she has...