What is the Guardianship Tribunal?

10-August-2011 Guardianship By admin


The Guardianship Tribunal is a specialised dispute resolution forum with jurisdiction narrowly defined by legislation. While its jurisdiction may be limited, the orders it makes can be far reaching and have significant impact.  

 

The Guardianship Tribunal exercises concurrent jurisdiction with the protective division of the Supreme Court in respect of applications concerning:

  • Review, operation and effect of Powers of Attorney (under Power of Attorneys Act 2003).
  • Applications for appointment or review of Financial Managers (under the Guardianship Act 1987 as amended).
  • Applications for appointment or review of Guardians (again under the Guardianship Act 1987 as amended). 




The Tribunal has the power to appoint third parties to make decisions on behalf of the person who is the subject of the application.  Legal representation in the Guardianship Tribunal is rare and a party must seek leave to be represented. It is also rare for costs to be awarded (that is, each person bears their own) by the Tribunal.  


The nature of the jurisdiction is both inquisitorial and beneficial. It rigorously applies the principles under Section 4 of the Guardianship Act to promote and protect the best interests of the person who is the subject of the application.  
 

Streeterlaw’s senior technical specialist, Mark Streeter, has appeared in dozens of matters as Solicitor Advocate in the Guardianship Tribunal over the past few years. Mark has conducted training for financial planners and accountants on the areas of law relating to the Guardianship Tribunal.
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