KAX [2016] NSWCATGD 44

KAX [2016] NSWCATGD 44

The Tribunal dismissed the application for a guardianship order as a family member (Ms SDQ) is available, willing, and suitable to act as person responsible and advocate for Mr KAX, making an order unnecessary.

Parties
Subject Person: Mr KAX; Applicant: Ms LMU; The NSW Trustee and Guardian; The NSW Public Guardian
Jurisdiction
Australia
Judgment Date
25 August 2016
Procedural Posture
Guardianship Application / Final Decision
Outcome
Application dismissed
Legal Topics
Guardianship Order, National Disability Insurance Scheme, Person Responsible, Family Member Involvement
Guardianship Guardianship Order National Disability Insurance Scheme Person Responsible Family Member Involvement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mr KAX

Subject Person

Ms LMU

Applicant

The NSW Trustee and Guardian

The NSW Public Guardian

Procedural Posture

Guardianship Application / Final Decision

Legal Issues

  1. 1 Does Mr KAX have a disability which prevents him from being able to make some important life decisions?
  2. 2 Should the Tribunal make a guardianship order for Mr KAX?
  3. 3 Who should be the guardian?

Ratio Decidendi

The Tribunal dismissed the application for a guardianship order as a family member (Ms SDQ) is available, willing, and suitable to act as person responsible and advocate for Mr KAX, making an order unnecessary.

Court Disposition

Application dismissed

Orders

  • The application for a guardianship order to be made for Mr KAX is dismissed.