QPJ [2016] NSWCATGD 31

QPJ [2016] NSWCATGD 31

The Tribunal adjourned the application because it could not be satisfied, on the current material, that revoking the NSW financial management order would not unintentionally undermine ongoing protection of Mr QPJ's estate under Queensland law; clarification regarding the legal effect of such revocation on the QCAT order is required before a decision on revocation can be made in Mr QPJ's best interests.

Jurisdiction
Australia
Judgment Date
19 July 2016
Procedural Posture
Application to Revoke Financial Management Order / Adjournment of Revocation Application
Outcome
Application to revoke adjourned for three months.
Legal Topics
['revocation of Financial Management Order' 'interstate Administration Orders' 'best Interests of Protected Person']
['guardianship Law' 'financial Management'] ['revocation of Financial Management Order' 'interstate Administration Orders' 'best Interests of Protected Person']

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Procedural Posture

Application to Revoke Financial Management Order / Adjournment of Revocation Application

Legal Issues

  1. 1 ["Whether revocation of the NSW financial management order is in Mr QPJ's best interests under s 25P(2)(b) of the Guardianship Act 1987 (NSW)" "Whether revoking the NSW order would undermine the Public Trustee of Queensland's authority as administrator given the QCAT order's reliance on the NSW order's registration"]

Ratio Decidendi

The Tribunal adjourned the application because it could not be satisfied, on the current material, that revoking the NSW financial management order would not unintentionally undermine ongoing protection of Mr QPJ's estate under Queensland law; clarification regarding the legal effect of such revocation on the QCAT order is required before a decision on revocation can be made in Mr QPJ's best interests.

Court Disposition

Application to revoke adjourned for three months.

Orders

  • ['Application for revocation of financial management order adjourned for approximately three months to a date to be fixed.' 'NSW Trustee and Guardian and Public Trustee of Queensland are to provide submissions to the Tribunal outlining the proposed course of administration and addressing legal and jurisdictional...