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DDMR[2018] QCAT 452

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:

DDMR [2018] QCAT 452

PARTIES:

In an application about a matter concerning DDMR

APPLICATION NO/S:

GAA1027-18

MATTER TYPE:

Guardianship and administration matters for adults

DELIVERED ON:

Date of orders 6 September 2018

Reasons delivered 7 January 2019

HEARING DATE:

6 September 2018

HEARD AT:

Brisbane

DECISION OF:

Member Allen

ORDERS:

The application of RSMC for directions for DDMR is dismissed

CATCHWORDS:

GUARDIANS, COMMITTEES, ADMINISTRATORS, MANAGERS AND RECEIVERS – OTHER MATTERS – dismissal of application – application made for directions – adult became deceased before application heard – whether application should be determined following after adult is deceased – whether the application lacked substance and should be dismissed

Guardianship and Administration Act 2000 (Qld), s 115

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 47

APPEARANCES:

 

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

  1. [1]
    The Tribunal made an order on 28 August 2017 appointing the Public Trustee of Queensland as administrator for DDMR and the public guardian as guardian for DDMR.
  2. [2]
    RSMC made an application to the tribunal on 23 November 2017 pursuant to s 115 of the Guardianship and Administration Act 2000 (Qld) (‘GAA Act’), and a declaration under s 60 of the Queensland Civil and Administrative Tribunal Act 2009 (‘QCAT Act’) that the hearing and decision of the tribunal made on 28 August 2017 was invalid on the ground that the notice of hearing was not given to the adult in accordance with s 118 of the GAA Act.
  3. [3]
    Various directions were made by the tribunal for the submission of material by the parties in regard to the application. Unfortunately, DDMR died on 17 August 2018 and as a result, the tribunal dismissed the application for directions.
  4. [4]
    The tribunal’s jurisdiction is in regard to adults with impaired capacity. The tribunal may make orders in regard to deceased adults where for example a compensation application has been made under s 59 of the GAA Act in regard to an administrator who has caused loss to an adult.
  5. [5]
    The application in this case was made under s 115 of the GAA Act which states that an application may be made, as provided under the QCAT Act, to the tribunal for a declaration, order, direction, recommendation, or advice in relation to an adult about something in, or related to, this act or the Powers of Attorney Act 1998 (Qld).
  6. [6]
    Clearly then, the application was required to be made in regards to an adult. While DDMR was alive at the time of the application, and was considered an adult at the time, the application was dismissed because she was deceased and therefore no longer an adult for the purposes of s 115 of the GAA Act.
  7. [7]
    The Tribunal may dismiss applications which lack substance in accordance with s 47 of the QCAT Act. I was satisfied that as a result of the adult being deceased the application lacked substance and it was dismissed.
  8. [8]
    I note that the matters which were subject to this application are the subject of appeal to the Appeal Tribunal and that matter is ongoing.
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Editorial Notes

  • Published Case Name:

    In an application about a matter concerning DDMR

  • Shortened Case Name:

    DDMR

  • MNC:

    [2018] QCAT 452

  • Court:

    QCAT

  • Judge(s):

    Member Allen

  • Date:

    07 Jan 2019

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

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