QCK [2017] NSWCATGD 32

QCK [2017] NSWCATGD 32

The Tribunal was satisfied that Mr QCK had regained the capacity to manage his affairs and, accordingly, revoked the financial management order, with revocation to take effect only after three months or upon notification that NSW Trustee and Guardian had passed the relevant estate accounts, whichever was later, to ensure compliance and protect Mr QCK's interests.

Jurisdiction
Australia
Judgment Date
21 August 2017
Procedural Posture
Application for Revocation of Financial Management Order / Hearing and Decision on Application
Outcome
Financial management order revoked, subject to conditions specified in further orders.
Legal Topics
['revocation of Financial Management Order' 'capacity to Manage Affairs']
['guardianship' 'financial Management'] ['revocation of Financial Management Order' 'capacity to Manage Affairs']

Case Brief

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Procedural Posture

Application for Revocation of Financial Management Order / Hearing and Decision on Application

Legal Issues

  1. 1 ['Has Mr QCK regained the capability to manage his own affairs?' "If not, would it be in Mr QCK's best interests for the current order to be revoked?" 'If order not revoked, should the appointment of Mr RMK as financial manager be revoked and who should be appointed?' 'If order not revoked, should it be varied in any other way?']

Ratio Decidendi

The Tribunal was satisfied that Mr QCK had regained the capacity to manage his affairs and, accordingly, revoked the financial management order, with revocation to take effect only after three months or upon notification that NSW Trustee and Guardian had passed the relevant estate accounts, whichever was later, to ensure compliance and protect Mr QCK's interests.

Court Disposition

Financial management order revoked, subject to conditions specified in further orders.

Orders

  • ['The financial management order made for Mr QCK on 12 January 2015 is revoked, subject to the operation of order 2.' 'Order 1 will not have effect until the latter of: (a) the expiry of three months from 21 August 2017; and (b) the date on which NSW Trustee and Guardian sends formal written notification to the...