FVX [2015] NSWCATGD 25

FVX [2015] NSWCATGD 25

The Tribunal refused both requested reviews because the applications did not disclose grounds warranting a current review. The proposed future medical assessment was a matter to be arranged with the guardian and did not itself provide current grounds to review the guardianship order. The financial management material showed no substantive detail as to how Mrs FVX's welfare would be promoted by Mr KDX managing her affairs, no real change from the circumstances existing when the order was made, and did not address earlier concerns that Mr KDX's fixed views about home care could affect payment for aged care accommodation.

Jurisdiction
Australia
Judgment Date
06 October 2015
Procedural Posture
Request to Review Guardianship Order and Request to Review Financial Management Order / Interlocutory Threshold Issue Whether Applications Disclosed Sufficient Grounds to Warrant a Review
Outcome
Request to review guardianship order refused. Request to review financial management order refused.
Legal Topics
['review of Guardianship Order' 'review or Revocation of Financial Management Order' 'participation by Subject Person in Hearing' 'best Interests' 'leave to Be Legally Represented' 'threshold Issue']
['guardianship' 'financial Management' 'civil Procedure'] ['review of Guardianship Order' 'review or Revocation of Financial Management Order' 'participation by Subject Person in Hearing' 'best Interests' 'leave to Be Legally Represented' 'threshold Issue']

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Procedural Posture

Request to Review Guardianship Order and Request to Review Financial Management Order / Interlocutory Threshold Issue Whether Applications Disclosed Sufficient Grounds to Warrant a Review

Legal Issues

  1. 1 ['Whether Mrs FVX should participate in the hearing or the applications should be determined in her absence.' 'Whether Mr KDX should be granted leave to be legally represented.' 'Whether the application to review the guardianship order made 5 March 2015 disclosed grounds that warranted a review under s 25A of the Guardianship Act 1987 (NSW).' "Whether the Tribunal should adjourn to allow a medical assessment of Mrs FVX by a doctor of Mr KDX's choice." 'Whether the application to revoke or review the financial management order disclosed grounds that warranted a review under s 25O of the Guardianship Act 1987 (NSW).']

Ratio Decidendi

The Tribunal refused both requested reviews because the applications did not disclose grounds warranting a current review. The proposed future medical assessment was a matter to be arranged with the guardian and did not itself provide current grounds to review the guardianship order. The financial management material showed no substantive detail as to how Mrs FVX's welfare would be promoted by Mr KDX managing her affairs, no real change from the circumstances existing when the order was made, and did not address earlier concerns that Mr KDX's fixed views about home care could affect payment for aged care accommodation.

Court Disposition

Request to review guardianship order refused. Request to review financial management order refused.

Orders

  • ['The Tribunal refused the request to review the guardianship order pursuant to s 25A of the Guardianship Act 1987 (NSW).' 'The Tribunal refused the request to review the financial management order pursuant to s 25O of the Guardianship Act.']