FC v SC (No. 2) [2023] NSWSC 376

FC v SC (No. 2) [2023] NSWSC 376

Because JC was well settled in Cairns, wished to remain there, and moving him would be disruptive and contrary to his best interests, the Court determined that he should remain in Queensland. SR was a suitable family-connected person with geriatric nursing experience, a good relationship with JC, independence from the dispute between FC and SC, and capacity to facilitate access, making her appointment as committee of the person preferable to appointing the Queensland Public Guardian. The 2020 revocation and 2020 appointment of enduring guardian were invalid because of non-compliance and operative undue influence, and the 2017 appointment of FC as enduring guardian should be terminated. In...

Jurisdiction
Australia
Judgment Date
14 April 2023
Procedural Posture
Equity Protective List; Protective Jurisdiction Proceedings Concerning Management of Estate and Guardianship or Committee of the Person / Second Judgment After Prior Orders Under the NSW Trustee and Guardian Act 2009; Remaining Issues of Guardianship, Access, Invalidity of Guardianship Documents, Remuneration, Reimbursement and Costs
Outcome
Orders made appointing SR as committee of the person for JC, declaring the 2020 guardianship documents invalid, terminating the 2017 appointment of FC as enduring guardian, providing for reasonable access by FC and his immediate family as determined by SR, granting liberty to apply, listing the matter for...
Legal Topics
['appointment of Committee of the Person' 'enduring Guardianship Documents' 'protected Estate Management' 'costs in Protective Jurisdiction' 'cross Vesting Jurisdiction' 'access to Protected Person']
['mental Health' 'guardianship' 'protected Estates' 'equity Protective Jurisdiction'] ['appointment of Committee of the Person' 'enduring Guardianship Documents' 'protected Estate Management' 'costs in Protective Jurisdiction' 'cross Vesting Jurisdiction' 'access to Protected Person']

Case Brief

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Procedural Posture

Equity Protective List; Protective Jurisdiction Proceedings Concerning Management of Estate and Guardianship or Committee of the Person / Second Judgment After Prior Orders Under the NSW Trustee and Guardian Act 2009; Remaining Issues of Guardianship, Access, Invalidity of Guardianship Documents, Remuneration, Reimbursement and Costs

Legal Issues

  1. 1 ['What declarations and orders should be made in relation to previous guardianship documents concerning JC.' 'Who should be appointed as guardian or committee of the person for JC.' 'Whether JC should continue to be accommodated in Queensland or return to New South Wales.' 'If JC remained in Queensland, whether SR or the Queensland Public Guardian should be appointed as committee of the person or guardian.' 'What access by FC and his family members to JC is appropriate.' "What costs orders should be made arising out of the Court's first judgment."]

Ratio Decidendi

Because JC was well settled in Cairns, wished to remain there, and moving him would be disruptive and contrary to his best interests, the Court determined that he should remain in Queensland. SR was a suitable family-connected person with geriatric nursing experience, a good relationship with JC, independence from the dispute between FC and SC, and capacity to facilitate access, making her appointment as committee of the person preferable to appointing the Queensland Public Guardian. The 2020 revocation and 2020 appointment of enduring guardian were invalid because of non-compliance and operative undue influence, and the 2017 appointment of FC as enduring guardian should be terminated. In...

Court Disposition

Orders made appointing SR as committee of the person for JC, declaring the 2020 guardianship documents invalid, terminating the 2017 appointment of FC as enduring guardian, providing for reasonable access by FC and his immediate family as determined by SR, granting liberty to apply, listing the matter for...

Orders

  • ["Declare that the document entitled 'Revocation of Appointment of Enduring Guardian' executed by JC on or about 3 August 2020 is invalid and of no legal force or effect." "Declare that the document entitled 'Appointment of Enduring Guardian' made or purportedly made by JC on 6 August 2020 is invalid and of no legal...