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Administrative law

YWK v YVN

The Appeal Panel held Tribunal 2 had commenced consideration of the enduring power of attorney application, so Tribunal 3 was not properly constituted and its decision was invalid.

  • Jurisdictional error
  • Constitution of tribunal
  • Reconstitution of tribunal
  • Meaning of 'consideration of a matter by the tribunal has commenced'
  • Procedural fairness
  • Administrative-law
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Guardianship

YKO v YKS

YKO v YKS [2025] NSWCATAP 29

The Appeal Panel found a factual error in the Tribunal’s reasons, but held it was not material. The appeal against guardianship and financial management orders was dismissed.

  • Review of powers of attorney
  • Guardianship orders
  • Financial management orders
  • Error of law in administrative decisions
  • Tribunal statutory interpretation
  • Guardianship
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Guardianship

YJO v YJP

YJO v YJP [2025] NSWCATAP 7

Appeal Panel refused leave to appeal and dismissed an appeal about a guardianship order adding an access function for an adult with acquired brain injury.

  • Functions of guardian
  • Appointment of public guardian
  • Section 17(1)(c) guardianship act
  • Procedural fairness
  • Apprehended bias
  • Principles for leave to appeal
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Guardianship

YKD v YKE

YKD v YKE [2025] NSWCATAP 4

The Appeal Panel dismissed an appeal from dismissal of guardianship and financial management review applications, finding no error of law and no new evidence.

  • Summary dismissal
  • Error of law
  • Guardianship order review
  • Guardianship
  • Appeals
  • Summary-dismissal
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Guardianship

SY v Public Guardian

SY v Public Guardian [2024] NSWSC 1669

The Supreme Court dismissed a father’s challenge to NCAT’s guardianship order appointing the Public Guardian for his adult son, affirming the order.

  • Parens patriae jurisdiction
  • Appeal from ncat
  • Guardianship order
  • Suitability of guardian
  • Guardianship
  • Ncat-appeal
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Administrative law

YKX v NSW Ageing and Disability Commissioner

YKX v NSW Ageing and Disability Commissioner [2024] NSWCATAP 248

The Appeal Panel refused leave and dismissed an appeal against a guardianship order, holding that six days’ notice was reasonable and no procedural unfairness was shown.

  • Procedural fairness
  • Notice of hearing
  • Guardianship orders
  • Leave to appeal
  • Procedural-fairness
  • Notice-of-hearing
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Guardianship

Geoff (a pseudonym)

Geoff (a pseudonym) [2024] NSWCATGD 19

The Tribunal made guardianship and financial management orders for an 87-year-old man with cognitive impairment, appointing his daughter Lisa as guardian and financial manager.

  • Guardianship order
  • Financial management order
  • Capacity
  • Appointment of guardian
  • Appointment of financial manager
  • Guardianship
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Administrative law

NSW Trustee and Guardian v FYV

NSW Trustee and Guardian v FYV [2024] NSWCATAP 243

Appeal in a guardianship-related administrative review. The Appeal Panel found procedural error in the first review, then on rehearing affirmed the NSW Trustee’s decision to sell the property.

  • Administrative review
  • Merits review
  • Management of protected estates
  • Sale of property by trustee
  • Procedural fairness
  • Section 39 principles
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Guardianship

YJB v YJC

YJB v YJC [2024] NSWCATAP 221

Appeal Panel dismissed an appeal from guardianship and financial management orders, refusing leave to appeal and vacating an earlier order.

  • Leave to appeal
  • Appointment of guardian
  • Capacity assessment
  • Biased decision-making
  • Procedural fairness
  • Consideration of views of person with disability
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Guardianship

YJM v Public Guardian

YJM v Public Guardian [2024] NSWCATAP 216

The Appeal Panel refused leave to appeal and dismissed an internal guardianship appeal, rejecting claims of bias and procedural unfairness.

  • Bias
  • Procedural fairness
  • Guardianship order review
  • Internal appeals
  • Guardianship
  • Procedural-fairness
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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.