EJ v Public Guardian and ors [2005] NSWADTAP 35

EJ v Public Guardian and ors [2005] NSWADTAP 35

EJ does not fall within any category specified in s 3F(3) of the Guardianship Act as a party to the review proceeding of the guardianship order, nor was she joined under s 57A; therefore, she does not have statutory standing to appeal under s 67A(2) of the Guardianship Act and s 67(2A) of the Administrative Decisions Tribunal Act.

Parties
Applicant: EJ; First Respondent: Public Guardian; Second Respondent: EK; Third Respondent: EL; Fourth Respondent: Guardianship Tribunal
Jurisdiction
Australia
Judgment Date
11 July 2005
Procedural Posture
Appeal / Preliminary Matter
Outcome
Appeal dismissed for lack of standing
Legal Topics
Standing, Right to Appeal, Parties to Review Proceedings
Guardianship Administrative Law Standing Right to Appeal Parties to Review Proceedings

Case Brief

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Parties

EJ

Applicant

Public Guardian

First Respondent

EK

Second Respondent

EL

Third Respondent

Guardianship Tribunal

Fourth Respondent

Procedural Posture

Appeal / Preliminary Matter

Legal Issues

  1. 1 Whether EJ has standing to bring an appeal against the decision of the Guardianship Tribunal
  2. 2 Interpretation of s 3F of the Guardianship Act regarding who are parties to review proceedings

Ratio Decidendi

EJ does not fall within any category specified in s 3F(3) of the Guardianship Act as a party to the review proceeding of the guardianship order, nor was she joined under s 57A; therefore, she does not have statutory standing to appeal under s 67A(2) of the Guardianship Act and s 67(2A) of the Administrative Decisions Tribunal Act.

Court Disposition

Appeal dismissed for lack of standing

Orders

  • Order made 20 June 2005: The appellant has no standing to bring this appeal as a person under section 67(2A)(a) of the Administrative Decisions Tribunal Act 1997.