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Who is the defendant if there's no dispute?

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Juniper View Drop Down
Newbie
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Joined: 07/September/2017
Location: Australia
Posts: 2
  Quote Juniper Quote  Post ReplyReply Direct Link To This Post Topic: Who is the defendant if there's no dispute?
    Posted: 07/September/2017 at 11:55
I am applying to the NSW Supreme Court for a financial management order with me as the proposed financial manager of my brain-injured brother. His current manager is his mother who wishes to relinquish her role due to the effects of ageing. (This cannot be sorted through NCAT because the original 1992 order was made by the Supreme Court.)

Who is the defendant? My mother, brother and I are in agreement that I should be the financial manager. Is the defendant the Supreme Court of NSW who made the original order? Or is the defendant the Protective Commissioner (now NSW Trustee and Guardian) to which my mother (current financial manager) must lodge a yearly accounting? Or is there no defendant and I simply leave that part of the form blank?

The forms I am referring to are the summons (form 4B) and the affidavit (form 40).

Any clarity that can be provided would be much appreciated.

citizen-joe View Drop Down
Senior Member
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Joined: 09/October/2005
Location: Australia
Posts: 591
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 07/September/2017 at 16:26
I suggest you notify the NSW Trustee and Guardian of your proposed action and ask them if they wish to become involved, if so, they become the defendant.

Juniper View Drop Down
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Joined: 07/September/2017
Location: Australia
Posts: 2
  Quote Juniper Quote  Post ReplyReply Direct Link To This Post Posted: 09/September/2017 at 05:51
Your response is much appreciated.

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