FGS [2014] NSWCATGD 30
The Tribunal dismissed the financial management application because Mrs FGS had no estate in Australia, was ineligible for an Australian pension, and an Australian financial manager would have significant practical difficulties accessing German income or assets, so there was little or no practical utility in making a financial management order.
- Jurisdiction
- Australia
- Judgment Date
- 22 August 2014
- Procedural Posture
- Financial Management Application / Hearing of Application for Appointment of a Financial Manager
- Outcome
- Financial management application dismissed.
- Legal Topics
- ['financial Management Order' 'incapability of Managing Affairs' 'protected Estate Management' 'practical Utility of Order' 'outstanding Aged Care Fees']
Case Brief
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Procedural Posture
Financial Management Application / Hearing of Application for Appointment of a Financial Manager
Legal Issues
- 1 ['Is Mrs FGS incapable of managing her affairs?' "Is there a need for another person to manage Mrs FGS' affairs and is it in her best interests for a financial management order to be made?" 'If so, who should be appointed financial manager?']
Ratio Decidendi
The Tribunal dismissed the financial management application because Mrs FGS had no estate in Australia, was ineligible for an Australian pension, and an Australian financial manager would have significant practical difficulties accessing German income or assets, so there was little or no practical utility in making a financial management order.
Court Disposition
Financial management application dismissed.
Orders
- ['The application for the appointment of a financial manager is dismissed.']
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