What is the Guardianship Division of NSW Civil and Administrative Tribunal (NCAT)?

The Guardianship Division of NSW Civil and Administrative Tribunal (NCAT) 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 Division 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 Guardianship Divison 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 Divison 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 NCAT.

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 Divison over the past few years. Mark has conducted training for financial planners and accountants on the areas of law relating to the Guardianship Divison. If you require assistance with your matter, call us on 02 8197 0105 today!

Written by Mark Streeter

The Director of Streeterlaw, Mark has been practicing Law since 1994. He has attained his Masters of Law in 1999 and in 2006 was awarded his Specialist Accreditation in Commercial Litigation. Mark is a member of ARITA, a graduate of the AICD and a member of AICM. A member of STEP, Mark enjoys working in the area of Wills and Estates. In 2020 Mark is the Chair of STEP NSW.

Call us on 02 8197 0105 to book an appointment with Mark Streeter!