QBL [2014] NSWCATGD 8

QBL [2014] NSWCATGD 8

The Tribunal lacked jurisdiction to review the Queensland enduring power of attorney and the personal or health decision-making appointment made under it because the relevant New South Wales review powers did not extend to those interstate instruments. The oral guardianship and financial management applications were adjourned because Mr QBL opposed them and Mr QAD had received the documents only one working day before the hearing, so procedural fairness required giving parties a proper opportunity to consider the new applications.

Jurisdiction
Australia
Judgment Date
13 January 2014
Procedural Posture
Applications to Review an Enduring Power of Attorney, Review the Appointment of an Enduring Guardian, Appoint a Guardian, and Make a Financial Management Order / Hearing
Outcome
Applications to review enduring power of attorney and enduring guardianship dismissed for lack of jurisdiction; applications for guardianship and financial management adjourned.
Legal Topics
['jurisdiction to Review Interstate Enduring Power of Attorney' 'jurisdiction to Review Interstate Personal or Health Decision Making Appointment' 'procedural Fairness' 'adjournment']
['guardianship' 'powers of Attorney' 'administrative Law'] ['jurisdiction to Review Interstate Enduring Power of Attorney' 'jurisdiction to Review Interstate Personal or Health Decision Making Appointment' 'procedural Fairness' 'adjournment']

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Procedural Posture

Applications to Review an Enduring Power of Attorney, Review the Appointment of an Enduring Guardian, Appoint a Guardian, and Make a Financial Management Order / Hearing

Legal Issues

  1. 1 ['Whether the Tribunal had jurisdiction to review an enduring power of attorney made under the Powers of Attorney Act 1998 (Qld).' 'Whether the Tribunal had jurisdiction to review an enduring guardianship-like appointment made by appointing enduring attorneys for personal and health matters under a Queensland enduring power of attorney.' 'Whether oral applications for guardianship and financial management should proceed at the hearing or be adjourned to provide parties an adequate opportunity to consider and respond.']

Ratio Decidendi

The Tribunal lacked jurisdiction to review the Queensland enduring power of attorney and the personal or health decision-making appointment made under it because the relevant New South Wales review powers did not extend to those interstate instruments. The oral guardianship and financial management applications were adjourned because Mr QBL opposed them and Mr QAD had received the documents only one working day before the hearing, so procedural fairness required giving parties a proper opportunity to consider the new applications.

Court Disposition

Applications to review enduring power of attorney and enduring guardianship dismissed for lack of jurisdiction; applications for guardianship and financial management adjourned.

Orders

  • ['The application made by Ms BBN seeking guardianship in relation to Mr QBL was adjourned for approximately four weeks to a date to be fixed.' 'The application made by Ms BBN seeking financial management for Mr QBL was adjourned for approximately four weeks to a date to be fixed.' 'The application seeking review of...