Re DEF and the Protected Estates Act 1983 [2005] NSWSC 534

Re DEF and the Protected Estates Act 1983 [2005] NSWSC 534

The Queensland Supreme Court order appointing the NSW Protective Commissioner as manager of part of DEF's estate, while irregular in procedure, is a valid order within Queensland and is recognised as valid and effective elsewhere in Australia by virtue of full faith and credit provisions. The Protective Commissioner's management power extends only to the specified funds, not DEF's house. Actions taken in reliance on the order are valid unless and until the order is set aside. The power of attorney granted by DEF is inoperative with respect to property under management, and the Protective Commissioner should take steps to clarify or terminate its operation if necessary.

Parties
Protected Person: DEF; Applicant: Protective Commissioner
Jurisdiction
Australia
Judgment Date
02 June 2005
Procedural Posture
Application for Advice and Direction by the Protective Commissioner / Advice and Direction Pursuant to S12 Protected Estates Act 1983
Outcome
Queensland order recognised as valid throughout Australia; advice given concerning scope of management and action on power of attorney.
Legal Topics
Guardianship and Management of Estates, Recognition of Interstate Court Orders, Powers of Attorney, Full Faith and Credit, Procedural Irregularities, Effect of Court Orders, Cross Vesting of Jurisdiction
Equity Mental Health Law Interstate Jurisdiction Protected Estates Guardianship and Management of Estates Recognition of Interstate Court Orders Powers of Attorney Full Faith and Credit +3 more

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Parties

DEF

Protected Person

Protective Commissioner

Applicant

Procedural Posture

Application for Advice and Direction by the Protective Commissioner / Advice and Direction Pursuant to S12 Protected Estates Act 1983

Legal Issues

  1. 1 Validity of Queensland Supreme Court order appointing NSW Protective Commissioner as manager of part of DEF's estate
  2. 2 Recognition of such an order as valid in Queensland and elsewhere in Australia
  3. 3 Scope and effect of powers conferred on the Protective Commissioner

Ratio Decidendi

The Queensland Supreme Court order appointing the NSW Protective Commissioner as manager of part of DEF's estate, while irregular in procedure, is a valid order within Queensland and is recognised as valid and effective elsewhere in Australia by virtue of full faith and credit provisions. The Protective Commissioner's management power extends only to the specified funds, not DEF's house. Actions taken in reliance on the order are valid unless and until the order is set aside. The power of attorney granted by DEF is inoperative with respect to property under management, and the Protective Commissioner should take steps to clarify or terminate its operation if necessary.

Court Disposition

Queensland order recognised as valid throughout Australia; advice given concerning scope of management and action on power of attorney.

Orders

  • The Queensland Supreme Court order appointing the NSW Protective Commissioner as manager is valid and recognised throughout Australia.
  • The Protective Commissioner's management extends only to funds paid by defendants to the Commissioner, and not to the house bought for DEF.