TBZ [2020] NSWCATGD 80

TBZ [2020] NSWCATGD 80

The Tribunal adjourned both applications because proceeding on the hearing day would clearly deny procedural fairness to SND, who was TBZ's carer, had not received notice of the applications or supporting documents, and opposed at least the guardianship application. The adjournment was unlikely to prejudice TBZ's welfare and interests because urgent arrangements would be made to provide SND with the material and relist the applications before 14 October 2020 if possible.

Jurisdiction
Australia
Judgment Date
07 October 2020
Procedural Posture
Guardianship Application and Financial Management Application / Adjournment on Tribunal's Own Motion and Joinder of Carer
Outcome
SND joined as carer and the hearing adjourned to a date to be confirmed by the Registry.
Legal Topics
['procedural Fairness' 'hearing Rule' 'no Prior Notice of Hearing' 'access to Documents Filed in Support of Application' 'adjournment' 'joinder of Carer']
['guardianship' 'financial Management' 'administrative Law'] ['procedural Fairness' 'hearing Rule' 'no Prior Notice of Hearing' 'access to Documents Filed in Support of Application' 'adjournment' 'joinder of Carer']

Case Brief

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Procedural Posture

Guardianship Application and Financial Management Application / Adjournment on Tribunal's Own Motion and Joinder of Carer

Legal Issues

  1. 1 ['Whether an adjournment was justified by the circumstances of the matter and in particular by any denial of procedural fairness to SND.' 'Whether the proposed adjournment was likely to prejudice the welfare or interests of TBZ.' 'If an adjournment were to be granted, the duration of the adjournment and any other terms.']

Ratio Decidendi

The Tribunal adjourned both applications because proceeding on the hearing day would clearly deny procedural fairness to SND, who was TBZ's carer, had not received notice of the applications or supporting documents, and opposed at least the guardianship application. The adjournment was unlikely to prejudice TBZ's welfare and interests because urgent arrangements would be made to provide SND with the material and relist the applications before 14 October 2020 if possible.

Court Disposition

SND joined as carer and the hearing adjourned to a date to be confirmed by the Registry.

Orders

  • ['SND is joined as Carer.' "Today's hearing is adjourned to a day to be confirmed by the Registry."]