FBC v Public Guardian [2022] NSWCATAD 202

FBC v Public Guardian [2022] NSWCATAD 202

The proceedings were dismissed as there was no operative decision of the Public Guardian in effect at the time of the Tribunal's determination, making the application for review otiose and without utility. Any future access decisions would be amenable to internal and external review, so there is presently nothing for the Tribunal to determine.

Parties
First Applicant: FBC; Second Applicant: FBD; First Respondent: Public Guardian; Second Respondent: FFA
Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Administrative Review / Decision on Dismissal Application and Final Determination
Outcome
proceedings dismissed
Legal Topics
Reviewability of Decisions, Dismissal for Mootness, Access and Visitation Arrangements, Summary Dismissal
Administrative Law Guardianship Reviewability of Decisions Dismissal for Mootness Access and Visitation Arrangements Summary Dismissal

Case Brief

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Parties

FBC

First Applicant

FBD

Second Applicant

Public Guardian

First Respondent

FFA

Second Respondent

Procedural Posture

Administrative Review / Decision on Dismissal Application and Final Determination

Legal Issues

  1. 1 Whether the proceedings should be dismissed as there is no operative decision for review
  2. 2 Whether review of the Public Guardian's decision is otiose or lacking utility

Ratio Decidendi

The proceedings were dismissed as there was no operative decision of the Public Guardian in effect at the time of the Tribunal's determination, making the application for review otiose and without utility. Any future access decisions would be amenable to internal and external review, so there is presently nothing for the Tribunal to determine.

Court Disposition

proceedings dismissed

Orders

  • The Tribunal dispenses with a hearing pursuant to the Civil and Administrative Act 2013 (NSW), s 50(2).
  • The publication of the name of any of the Applicants, of the person subject to the decision under review or the Second Respondent is prohibited under the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a).