DFH [2017] NSWCATGD 13

DFH [2017] NSWCATGD 13

Due to Mr DFH's severe intellectual disability he is incapable of managing his financial affairs; it is in his best interests for a financial management order to be made, and Mrs SZH and Mr QBH are suitable persons to be appointed as financial managers jointly and severally.

Jurisdiction
Australia
Judgment Date
09 March 2017
Procedural Posture
Application for Financial Management Order / Final Orders and Reasons for Decision
Outcome
financial management order granted and financial managers appointed
Legal Topics
['application for Financial Management Order' 'national Disability Insurance Scheme' 'appointment of Financial Managers' 'review of Order']
['guardianship' 'financial Management'] ['application for Financial Management Order' 'national Disability Insurance Scheme' 'appointment of Financial Managers' 'review of Order']

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Procedural Posture

Application for Financial Management Order / Final Orders and Reasons for Decision

Legal Issues

  1. 1 ['Is Mr DFH incapable of managing his affairs?' "Is there a need for another person to manage Mr DFH's affairs and is it in his best interests for a financial management order to be made?" 'Who should be appointed financial manager?']

Ratio Decidendi

Due to Mr DFH's severe intellectual disability he is incapable of managing his financial affairs; it is in his best interests for a financial management order to be made, and Mrs SZH and Mr QBH are suitable persons to be appointed as financial managers jointly and severally.

Court Disposition

financial management order granted and financial managers appointed

Orders

  • ['The estate of Mr DFH is subject to management under the NSW Trustee and Guardian Act 2009.' 'Mr QBH and Mrs SZH are appointed jointly and severally as the financial managers of the estate.' 'This order be reviewed by the Tribunal within 6 months.']