QKJ [2021] NSWCATGD 36

QKJ [2021] NSWCATGD 36

Leave for legal representation was granted because allowing QKJ and KYJ to be represented by Mr Cain may assist the Tribunal in determining and resolving the disputed issues. The hearing was adjourned because QKJ and KYJ had not been able to consult with their recently instructed legal representative or obtain and consider the extensive hospital documents, and it would be procedurally unfair to proceed without that opportunity; although there were concerns about QKJ's safety at home, these were balanced against evidence of proximity to hospital, willingness to attend hospital, daily services and some provider oversight.

Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Review of an Enduring Guardianship Appointment / Interlocutory Application for Legal Representation and Adjournment
Outcome
Application for legal representation granted; review application adjourned to a date to be fixed by the registry.
Legal Topics
['review of Enduring Guardianship Appointment' 'legal Representation' 'adjournment' 'procedural Fairness' 'dementia' 'aged Care' 'falls Risk']
['guardianship' 'administrative Law'] ['review of Enduring Guardianship Appointment' 'legal Representation' 'adjournment' 'procedural Fairness' 'dementia' 'aged Care' 'falls Risk']

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Procedural Posture

Review of an Enduring Guardianship Appointment / Interlocutory Application for Legal Representation and Adjournment

Legal Issues

  1. 1 ['Whether QKJ and KYJ should be granted leave to be legally represented by Mr Tim Cain.' 'Whether the hearing of the application to review the enduring guardianship appointment should be adjourned to allow QKJ and KYJ to obtain documents and instruct their legal representative.']

Ratio Decidendi

Leave for legal representation was granted because allowing QKJ and KYJ to be represented by Mr Cain may assist the Tribunal in determining and resolving the disputed issues. The hearing was adjourned because QKJ and KYJ had not been able to consult with their recently instructed legal representative or obtain and consider the extensive hospital documents, and it would be procedurally unfair to proceed without that opportunity; although there were concerns about QKJ's safety at home, these were balanced against evidence of proximity to hospital, willingness to attend hospital, daily services and some provider oversight.

Court Disposition

Application for legal representation granted; review application adjourned to a date to be fixed by the registry.

Orders

  • ['QKJ and KYJ are allowed to be legally represented by Mr Tim Cain, CKMLAW.' "On the application by Tim Cain, today's hearing is adjourned to a day to be confirmed by the registry to enable QKJ and KYJ to obtain the documents provided to the Tribunal and instruct Mr Cain."]