CQH [2023] NSWCATGD 22

CQH [2023] NSWCATGD 22

It was desirable to make a non-disclosure order under s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), having particular regard to the clear and longstanding wishes of CQH not to disclose his financial information to FZG, the stage of the proceedings, and the ability for relevant information to be addressed orally, thereby balancing procedural fairness with confidentiality.

Parties
The Person: CQH; Applicant: FZG; Attorney: TNH; NSW Trustee and Guardian; Public Guardian
Jurisdiction
Australia
Judgment Date
16 October 2023
Procedural Posture
Guardianship/interlocutory Procedural Application / Interlocutory Hearing on Application for Non Disclosure Order
Outcome
Application for non-disclosure orders granted.
Legal Topics
Non Disclosure Orders, Procedural Fairness, Elder Financial Abuse, Bank Account Disclosure, Confidentiality in Guardianship Proceedings
Guardianship Powers of Attorney Administrative Law Civil Procedure Non Disclosure Orders Procedural Fairness Elder Financial Abuse Bank Account Disclosure +1 more

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Parties

CQH

The Person

FZG

Applicant

TNH

Attorney

NSW Trustee and Guardian

Public Guardian

Procedural Posture

Guardianship/interlocutory Procedural Application / Interlocutory Hearing on Application for Non Disclosure Order

Legal Issues

  1. 1 Whether to grant a non-disclosure order prohibiting disclosure of CQH's financial documents to FZG under s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW)
  2. 2 Consideration of procedural fairness and open justice in the context of guardianship proceedings
  3. 3 Weight to be given to the wishes of the subject person (CQH) regarding disclosure of their financial information

Ratio Decidendi

It was desirable to make a non-disclosure order under s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW), having particular regard to the clear and longstanding wishes of CQH not to disclose his financial information to FZG, the stage of the proceedings, and the ability for relevant information to be addressed orally, thereby balancing procedural fairness with confidentiality.

Court Disposition

Application for non-disclosure orders granted.

Orders

  • Disclosure to FZG (applicant) of specified financial material provided by TNH (attorney) is prohibited, including: 1. Copies of specified transaction accounts in name of CQH for stated periods; 2. Copy of bank account in name of CQH for stated period; 3. Copy of bank account in name of TNH and related 'EPOA' account...