Where a person's estate is under management by the NSW Trustee & Guardian, UCPR r 7.15(3) mandates that only TAG may act as tutor unless TAG has declined to act, is unable to act, or the Court orders otherwise. Silence or non-response by TAG does not constitute a 'decline to act' for the purposes of UCPR r 7.15(4). A person who purports to act as tutor without TAG's consent or a court order acts without authority, and their actions are a nullity that cannot bind the incapable person or their estate. Such a purported tutor is personally liable for costs without recourse to the managed estate, analogous to a solicitor acting without authority.
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