TZO [2019] NSWCATGD 18

TZO [2019] NSWCATGD 18

The Tribunal was not satisfied that it should proceed without notice because making a guardianship order without TZO's knowledge could exacerbate her distrust and fear, potentially require significant and oppressive functions, and was unlikely to benefit her welfare and interests when balanced against the identified risks. The matter was therefore adjourned so that TZO could be served and supported to participate.

Jurisdiction
Australia
Judgment Date
25 October 2019
Procedural Posture
Application for a Guardianship Order / Interlocutory Preliminary Hearing About Whether to Proceed Without Notice; Hearing Adjourned
Outcome
Hearing adjourned to 1 November 2019 at 3:30pm; matter not part-heard.
Legal Topics
['guardianship Order' 'notice of Hearing' 'subject Person Participation' 'medical Treatment Without Consent' 'pregnancy and Antenatal Care']
['guardianship' 'administrative Law'] ['guardianship Order' 'notice of Hearing' 'subject Person Participation' 'medical Treatment Without Consent' 'pregnancy and Antenatal Care']

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Procedural Posture

Application for a Guardianship Order / Interlocutory Preliminary Hearing About Whether to Proceed Without Notice; Hearing Adjourned

Legal Issues

  1. 1 ['Whether the Tribunal should proceed with the guardianship hearing without notice to TZO.' 'Whether the risk that TZO would disengage from medical services if given notice outweighed the importance of giving her notice and an opportunity to participate.']

Ratio Decidendi

The Tribunal was not satisfied that it should proceed without notice because making a guardianship order without TZO's knowledge could exacerbate her distrust and fear, potentially require significant and oppressive functions, and was unlikely to benefit her welfare and interests when balanced against the identified risks. The matter was therefore adjourned so that TZO could be served and supported to participate.

Court Disposition

Hearing adjourned to 1 November 2019 at 3:30pm; matter not part-heard.

Orders

  • ["Today's hearing is adjourned to 1 November 2019 at 3:30pm." 'The Tribunal notes that it is not part-heard.']