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- Title
GUARDIANSHIP AND ADMINISTRATION LITIGATION IN STATE TRIBUNALS: BURNS V CORBETT (2018) 353 ALR 386 AND GS VMS [2019] WASC 255.
- Authors
RAGURAGAVAN, AARAHNAN
- Abstract
The increasingly porous nature of an individual's mobility is often seen as an impediment to commencing and settling proceedings in their best interests under the Guardianship and Administration Act 1990 (WA). This case note argues that a potential and novel solution to the non-recognition of cross-jurisdictional determinations of guardianship and administration matters by non-court State Tribunals can be resolved by the enactment of reciprocal recognition statutes. In doing so, this paper explores the seldom-discussed concept of federal diversity jurisdiction as it applies to non-court State Tribunals in the guardianship and administration stream. Focussing on the ex-parte nature of guardianship and administration matters, this case note explains the concept of protective jurisdiction and other associated concepts as espoused in the High Court decision of Burns v Corbett ('Burns') (2018) 353 ALR 386 as it applied to GS v MS [2019] WASC 255. This case note argues that the Chapter III limitation espoused in Burns is not at all enlivened in matters concerning guardianship and administration. The corollary of this, is that non-court State Tribunals have jurisdiction to hear and determine guardianship and administration matters affecting the rights and obligations of a non-resident party. It is thus open to State Legislatures to enact reciprocal recognition statutes as a novel solution without engaging the limit in Burns.
- Subjects
GUARDIAN &; ward; JURISDICTION; ADMINISTRATIVE courts
- Publication
University of Western Australia Law Review, 2021, Vol 48, Issue 2, p691
- ISSN
0042-0328
- Publication type
Article