FHJ v Public Guardian [2022] NSWCATAD 168
The application was dismissed because the applicants failed to identify a final reviewable decision by the Public Guardian or demonstrate that internal review requirements were met or excepted; thus, the substantive relief sought could not be granted and the application was misconceived.
- Parties
- Applicant: FHF; Applicant: FHK; Respondent: Public Guardian
- Jurisdiction
- Australia
- Judgment Date
- 25 May 2022
- Procedural Posture
- Administrative Review / Summary Dismissal Application
- Outcome
- Application dismissed
- Legal Topics
- Review of Decision of Public Guardian, Summary Dismissal, Internal Review Requirements, Publication Prohibition
Case Brief
Summary, issues, holding and outcome
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Parties
FHF
Applicant
FHK
Applicant
Public Guardian
Respondent
Procedural Posture
Administrative Review / Summary Dismissal Application
Legal Issues
- 1 Whether there was a reviewable decision of the Public Guardian to enliven Tribunal's jurisdiction
- 2 Whether the application should be summarily dismissed as misconceived for lack of a reviewable decision or finalisation of an internal review
Ratio Decidendi
The application was dismissed because the applicants failed to identify a final reviewable decision by the Public Guardian or demonstrate that internal review requirements were met or excepted; thus, the substantive relief sought could not be granted and the application was misconceived.
Court Disposition
Application dismissed
Orders
- An oral hearing of the summary dismissal application is dispensed with under s 50(2) of the Civil and Administrative Tribunal Act 2013.
- The summary dismissal application is granted.
Full Case Text
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