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Administrative law

GHT v Children’s Guardian

GHT v Children’s Guardian [2025] NSWCATAD 16

The Tribunal affirmed refusal of an NDIS worker check clearance, finding the applicant posed a real and appreciable risk of harm to people with disability.

  • Ndis worker check clearance
  • Risk of harm assessment
  • Mental health
  • Procedural law
  • Non-publication orders
  • Ndis-worker-check-clearance
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Corporations law

Commissioner of the NDIS Quality and Safeguards Commission v Irabina Autism Services (in liq)

Commissioner of the NDIS Quality and Safeguards Commission v Irabina Autism Services (in liq) [2024] FCA 1468

The Federal Court granted the NDIS Commissioner leave to proceed against a company in liquidation over alleged NDIS Act contraventions involving restrictive practices.

  • Leave to proceed against company in liquidation
  • Civil penalty proceedings
  • Ndis regulation
  • Restrictive practices and behaviour support
  • Leave-to-proceed
  • Company-in-liquidation
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Guardianship

YKJ v YKL

YKJ v YKL [2024] NSWCATAP 188

The Appeal Panel refused leave and dismissed an appeal about appointing the NSW Trustee and Guardian as financial manager for a woman with dementia.

  • Appeal
  • Financial management order
  • Enduring power of attorney
  • Statutory interpretation
  • Procedural fairness
  • Guardianship
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Administrative law

Horner v Children’s Guardian

The Tribunal granted an extension of time but dismissed Ms Horner’s review of an NDIS worker check refusal, finding she posed a real and appreciable risk.

  • Ndis worker check
  • Risk assessment
  • Extension of time
  • Refusal of clearance
  • Ndis-worker-check
  • Risk-assessment
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Administrative law

Commissioner of the NDIS Quality and Safeguards Commission v Australian Foundation for Disability

Commissioner of the NDIS Quality and Safeguards Commission v Australian Foundation for Disability [2023] FCA 629

The Federal Court finds the Australian Foundation for Disability contravened the NDIS Act following the death of a participant due to inadequate epilepsy management and unsafe environments.

  • Civil penalties
  • Ndis code of conduct
  • Ndis practice standards
  • Negligence
  • Duty of care
  • Civil-penalties
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Guardianship

DXM

DXM [2022] NSWCATGD 17

The Tribunal reviewed DXM’s guardianship order, appointed the Public Guardian for 12 months, and committed his estate to the NSW Trustee and Guardian.

  • Review of guardianship order
  • Appointment of guardian
  • Appointment of financial manager
  • Incapacity to manage affairs
  • Conflict within family
  • Disability and supported independent living
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Practice and procedure

Budini v Sunnyfield (No. 3)

Budini v Sunnyfield (No. 3) [2021] FCA 1540

The Federal Court approved a settlement for a litigant under legal incapacity, finding it in her best interests and making confidentiality orders.

  • Settlement approval for persons under disability
  • Confidentiality orders
  • Court approval of compromise
  • Settlement-approval
  • Persons-under-disability
  • Confidentiality-orders
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Administrative law

Choi v NSW Ombudsman

Choi v NSW Ombudsman [2021] NSWCA 68

The Court of Appeal held that a guardian ad litem must be appointed by the Tribunal and an order for “a person” is not enough. The appeal was allowed in part.

  • Appointment of guardian ad litem
  • Tribunal procedure
  • Validity of appointments
  • Judicial review
  • Appeal process
  • Guardian-ad-litem
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Administrative law

ZQB v ZPV

ZQB v ZPV [2020] NSWCATAP 274

Appeal Panel dismissed an internal appeal from a guardianship review, finding no denial of procedural fairness and refusing leave to appeal.

  • Procedural fairness
  • Guardianship orders
  • Leave to appeal
  • Participation of persons with disabilities
  • Procedural-fairness
  • Guardianship-orders
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Guardianship law

BYX

BYX [2020] NSWCATGD 47

The Tribunal renewed BYX’s guardianship order for two years, appointing the Public Guardian with limited functions for accommodation and medical/dental consent.

  • Review of guardianship orders
  • Appointment of guardian
  • Functions of guardian
  • Disability and capacity
  • Restrictive practices
  • Medical consent
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.