LG v The Public Advocate

[2020] VSCA 65

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Guardianship and Administration
2. › Guardianship orders
3. › Application for guardianship order
4. › Summary dismissal of application
5. › Whether setting aside of earlier guardianship order for error of law precluded subsequent application
6. › Whether medical reports incorporated by reference into earlier orders were quashed when orders set aside
7. › Guardianship and Administration Act 1986 (Vic)
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › No real prospect of success
5. › Application for leave to appeal refused
6. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 75, s 117
1. Practice and Procedure
2. › Res judicata and estoppel
3. › Whether res judicata, issue estoppel or Anshun estoppel precluded subsequent guardianship application after earlier orders set aside for error of law
1. Practice and Procedure
2. › Right of audience
3. › Leave to appear for another party
4. › Unqualified person
5. › Admitted lawyer without practising certificate
6. › Whether exceptional or unusual circumstances existed

Quick Take

The setting aside of a tribunal's guardianship orders for error of law does not preclude a fresh guardianship application based on the same or similar evidence, and does not 'quash' medical reports or other evidentiary material that was before the tribunal in the earlier proceeding. Res judicata, issue estoppel and Anshun estoppel do not apply to bar a fresh application where the earlier decision was set aside on appeal.