OZL [2020] NSWCATGD 46

OZL [2020] NSWCATGD 46

The Tribunal adjourned the end-of-term review because OZL declined to participate for unclear reasons, TYD and Ms Z were not contactable and had not had an opportunity to be heard, the Public Guardian needed time to consider a late capacity report, and there was no immediate risk to OZL because his accommodation was secure. The purported revocation and appointment of enduring guardians made on 4 March 2020 had no force or effect against the existing Tribunal guardianship order, so the Public Guardian's appointment and authorities remained in effect until the matter was next heard and determined.

Jurisdiction
Australia
Judgment Date
06 April 2020
Procedural Posture
End of Term Review of Guardianship Order / Interlocutory Adjournment
Outcome
Hearing adjourned to a day to be confirmed by the registry.
Legal Topics
['end of Term Review of Guardianship Order' 'adjournment' 'reasonable Opportunity to Be Heard' 'enduring Guardian Appointment' 'revocation of Guardianship Arrangements']
['guardianship' 'administrative Law'] ['end of Term Review of Guardianship Order' 'adjournment' 'reasonable Opportunity to Be Heard' 'enduring Guardian Appointment' 'revocation of Guardianship Arrangements']

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Procedural Posture

End of Term Review of Guardianship Order / Interlocutory Adjournment

Legal Issues

  1. 1 ['Whether the hearing for the end-of-term review of the guardianship order should be adjourned.' "Whether the purported Revocation of appointment of Enduring Guardian dated 4 March 2020 affected the Public Guardian's appointment and authorities." 'Whether the Appointment of Enduring Guardian dated 4 March 2020 had any effect while a guardianship order was in place.']

Ratio Decidendi

The Tribunal adjourned the end-of-term review because OZL declined to participate for unclear reasons, TYD and Ms Z were not contactable and had not had an opportunity to be heard, the Public Guardian needed time to consider a late capacity report, and there was no immediate risk to OZL because his accommodation was secure. The purported revocation and appointment of enduring guardians made on 4 March 2020 had no force or effect against the existing Tribunal guardianship order, so the Public Guardian's appointment and authorities remained in effect until the matter was next heard and determined.

Court Disposition

Hearing adjourned to a day to be confirmed by the registry.

Orders

  • ["Today's hearing for Review of the Guardianship Order for OZL is adjourned to a day to be confirmed by the registry." 'The orders made on 28 October 2019 appointing the Public Guardian remain in effect until the matter is next heard and determined.']