UEB [2017] NSWCATGD 25

The Tribunal does not have jurisdiction to deal with guardianship or financial management applications in respect of Mr UEB because he is neither resident nor domiciled in NSW at the relevant time, and the Guardianship Act 1987 (NSW) contains no express or implied provision authorising extraterritorial orders. The presumption against extraterritorial application of the Act is not rebutted in these circumstances.

Jurisdiction: Australia
Judgment Date: 14 July 2017
Procedural Posture: Guardianship and Financial Management / Jurisdictional Determination at Hearing
Outcome: Applications dismissed for lack of jurisdiction
Legal Topics: ['jurisdiction' 'extraterritoriality' 'guardianship Orders' 'financial Management Orders']

['guardianship Law' 'civil Procedure'] ['jurisdiction' 'extraterritoriality' 'guardianship Orders' 'financial Management Orders']

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Procedural Posture

Guardianship and Financial Management / Jurisdictional Determination at Hearing

Legal Issues

1 ['Whether the Tribunal has jurisdiction to make a guardianship order where the subject person is a resident of Queensland at the time of the hearing' 'Whether the Guardianship Act 1987 (NSW) is intended to operate extraterritorially']

Ratio Decidendi

Court Disposition

Applications dismissed for lack of jurisdiction

Orders

['The applications for guardianship and financial management in relation to Mr UEB are dismissed because the Tribunal has no jurisdiction.']