AFM v NSW Trustee and Guardian [2012] NSWADTAP 17

AFM v NSW Trustee and Guardian [2012] NSWADTAP 17

The Guardianship Tribunal did not validly exercise any power permitting review or revocation of the appointment order; only the financial management order could be reviewed by the Tribunal on the basis of the orders made and the notice provided.

Jurisdiction
Australia
Judgment Date
29 May 2012
Procedural Posture
Appeal / Appeal Panel Decision
Outcome
Guardianship Tribunal's orders made on 13 July 2011 are set aside.
Legal Topics
['jurisdiction of Tribunal' 'review of Orders' 'appointment of Manager']
['guardianship' 'administrative Law'] ['jurisdiction of Tribunal' 'review of Orders' 'appointment of Manager']

Case Brief

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Procedural Posture

Appeal / Appeal Panel Decision

Legal Issues

  1. 1 ['Whether the Guardianship Tribunal had power to review and revoke the appointment of AFM as manager of AFO’s estate' 'If an alternative source of power existed to support the Tribunal’s orders' 'Whether own motion powers under s 25S could justify the review']

Ratio Decidendi

The Guardianship Tribunal did not validly exercise any power permitting review or revocation of the appointment order; only the financial management order could be reviewed by the Tribunal on the basis of the orders made and the notice provided.

Court Disposition

Guardianship Tribunal's orders made on 13 July 2011 are set aside.

Orders

  • ["Guardianship Tribunal's orders made on 13 July 2011 are set aside." 'This decision comes into effect 8 weeks after the date of the decision.']