ZOF [2019] NSWCATGD 32

ZOF [2019] NSWCATGD 32

The Tribunal was satisfied that ZOF was incapable of managing his financial affairs in relation to a further significant lump sum reparation payment because professional testing and ZOF's own evidence showed limited understanding of finances, expenses and consequences, inability to account for much of the previous $75,000 payment, and poor appreciation of non-immediate financial risks. Given the impending further lump sum, disputed informal support, and risk of exploitation, a financial management order was necessary and in ZOF's best interests. Centrelink income was excluded because ZOF had managed it throughout his life and the risk related to lump sum payments. No suitable private...

Jurisdiction
Australia
Judgment Date
03 October 2019
Procedural Posture
Financial Management Application / Final Hearing After Interim Financial Management Order
Outcome
Financial management order made; estate committed to the NSW Trustee and Guardian with ZOF's Centrelink income excluded.
Legal Topics
['financial Management Order' 'capacity to Manage Financial Affairs' 'stolen Generations Reparations Scheme' 'risk of Financial Exploitation' 'appointment of NSW Trustee and Guardian' 'exclusion of Centrelink Income']
['guardianship and Financial Management'] ['financial Management Order' 'capacity to Manage Financial Affairs' 'stolen Generations Reparations Scheme' 'risk of Financial Exploitation' 'appointment of NSW Trustee and Guardian' 'exclusion of Centrelink Income']

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Procedural Posture

Financial Management Application / Final Hearing After Interim Financial Management Order

Legal Issues

  1. 1 ['Whether ZOF was incapable of managing his financial affairs.' "Whether there was a need for another person to manage ZOF's affairs and whether it was in his best interests for a financial management order to be made." "Whether any part of ZOF's estate should be excluded from the financial management order." 'Who should be appointed financial manager.' 'Whether the application could proceed after ZOG indicated she wished to withdraw it.']

Ratio Decidendi

The Tribunal was satisfied that ZOF was incapable of managing his financial affairs in relation to a further significant lump sum reparation payment because professional testing and ZOF's own evidence showed limited understanding of finances, expenses and consequences, inability to account for much of the previous $75,000 payment, and poor appreciation of non-immediate financial risks. Given the impending further lump sum, disputed informal support, and risk of exploitation, a financial management order was necessary and in ZOF's best interests. Centrelink income was excluded because ZOF had managed it throughout his life and the risk related to lump sum payments. No suitable private...

Court Disposition

Financial management order made; estate committed to the NSW Trustee and Guardian with ZOF's Centrelink income excluded.

Orders

  • ['The estate of ZOF is subject to management under the NSW Trustee and Guardian Act 2009 (NSW).' 'The management of the estate of ZOF is committed to the NSW Trustee and Guardian.' "The following specified part of the estate is excluded from this financial management order: ZOF's Centrelink income."]