HBQ [2015] NSWCATGD 33

HBQ [2015] NSWCATGD 33

The recognition in NSW of the Western Australian financial management order concerning Mr HBQ was confirmed to facilitate potential sale of property, while the recognition of the guardianship order was revoked as there was no present need; as Mr HBQ resides permanently in Western Australia, informal consent was sufficient when visiting NSW.

Parties
Protected Person: Mr HBQ; Daughter, Financial Manager, and Guardian: Ms KEQ; Appointing Authority: The State Administrative Tribunal Western Australia; Interested Party: The NSW Trustee and Guardian
Jurisdiction
Australia
Judgment Date
06 May 2015
Procedural Posture
Guardianship and Financial Management Recognition / End of Term Review of Recognition Orders
Outcome
Recognition of financial management order confirmed; recognition of guardianship order revoked
Legal Topics
Recognition of Interstate Guardianship Orders, Recognition of Interstate Financial Management Orders
Guardianship Law Financial Management Recognition of Interstate Guardianship Orders Recognition of Interstate Financial Management Orders

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Parties

Mr HBQ

Protected Person

Ms KEQ

Daughter, Financial Manager, and Guardian

The State Administrative Tribunal Western Australia

Appointing Authority

The NSW Trustee and Guardian

Interested Party

Procedural Posture

Guardianship and Financial Management Recognition / End of Term Review of Recognition Orders

Legal Issues

  1. 1 Whether the recognition in NSW of the Western Australian guardianship and financial management orders for Mr HBQ should be confirmed, varied or revoked under s 48B(5) of the Guardianship Act 1987 (NSW)

Ratio Decidendi

The recognition in NSW of the Western Australian financial management order concerning Mr HBQ was confirmed to facilitate potential sale of property, while the recognition of the guardianship order was revoked as there was no present need; as Mr HBQ resides permanently in Western Australia, informal consent was sufficient when visiting NSW.

Court Disposition

Recognition of financial management order confirmed; recognition of guardianship order revoked

Orders

  • The Tribunal confirmed the recognition in NSW of the private manager appointed in Western Australia; recognition order to be reviewed within three years and six months of this order.
  • The Tribunal revoked the recognition in NSW of the private guardian appointed in Western Australia.