Administrative Law: GVW v NSWTAG [2025] NSWCATAD 134

Case: GVW v NSWTAG [2025] NSWCATAD 134

Court: NSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)

Date: 12 June 2025

Summary: This matter concerned an application by private financial managers (the adult children of a protected person) seeking review of the NSW Trustee and Guardian’s decision to decline a request to distribute gifts totalling $370,000 from their father’s estate. The protected person, a 75-year-old man residing in aged care with dementia, had a financial management order in place. The applicants argued the proposed gifts aligned with their father’s prior gifting history and his testamentary intentions. The Tribunal affirmed the respondent’s decision, finding that the proposed gifts did not satisfy the requirements under s76 of the NSW Trustee and Guardian Act 2009. The sale of the father’s property was not considered a “special event” within the meaning of the legislation, and the prior gifts made by the father did not establish a pattern sufficient to authorise such substantial distributions while he remained alive.

Role: A Strik appeared as Counsel for the Applicants.


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