There are three types of lawyers who appear in NCATThose, who appear by law, those who appear with court approval, and those who appear as defendants in professional legal disciplinary proceedings of the professional division of the court.1 At Navado, our team of guardianship attorneys can discuss issues with you and determine the strengths and weaknesses of your litigation. Our guardianship lawyers can also provide you with professional legal advice in relation to contested guardianships and ensure that you understand your rights and obligations under guardianship. It is strongly recommended to seek legal advice before appealing. Appeals are admissible only on certain legal grounds. If you lose an appeal to the Supreme Court, you will likely have to pay legal fees. Sometimes NCAT may also order you to pay these fees. The NCAT Guardianship Department is essentially the Department Specializing in Disability. This division of the Court deals with applications for the legal appointment of a substitute decision-maker in cases where a particular adult is unable to make his or her own decisions because of a disability. The professional department of NCAT deals with matters of professional code and professional discipline.
This means that this division of NCAT is the forum for disciplinary hearings on legal and veterinary practitioners, architects and construction professionals, as well as a wide range of health professionals. It may also review decisions relating to the conduct of legal practitioners. However, in some cases, guardianship conflicts may arise. This can happen for a variety of reasons, including disputes over who should be the person`s actual guardian. If you are involved in a contentious guardianship case, it is recommended that you seek legal advice from a guardianship lawyer. A representative can be a lawyer, real estate agent, condominium management agent, lawyer, friend or relative with the authority to act on your behalf. Hearings within the guardianship department tend to be informal and self-defense is encouraged. However, if you feel you need legal representation, you can obtain such authorisation from the Court of Justice. Your lawyer can file the request for representation on your behalf, although this must be done at least five business days before the hearing.
An important feature in which NCAT differs from the courts in terms of court fees in the consumer and commercial department of the court. According to § 60 Abs. 1 of the TACN Act, each party to the proceedings shall bear its own legal costs, unless circumstances justify a decision on costs against the unsuccessful party.4By way of derogation from Article 60 of the NCAT Act, Article 38(2) of the NCAT Rules of Procedure applies to proceedings before the Consumer and Commercial Division for which court fees may be awarded except in special circumstances. The NCAT is awarded if: The NCAT may appoint a separate representative to represent the best interests of a disabled party. The separate representative is usually a Legal Aid NSW lawyer. Read the separate presentation datasheet (PDF, 84.4 KB) for more information. Hearings are not like courts where one party is «against» another party. Instead, the focus is on deciding whether a person needs a guardian or financial manager, allowing a financial manager to make decisions about the «estate» of someone who does not have the legal capacity to make those decisions for themselves. A person`s «estate» includes his or her financial, patrimonial and legal affairs. A financial manager can be a court-appointed person, agent (for example, trustee and guardian of New South Wales) or organisation (for example, a trust) (for example, the Guardianship Division of the Civil and Administrative Court of New South Wales or the Mental Health Review Court) or the Supreme Court of New South Wales.
Hearings are conducted with this issue in mind, rather than deciding whether someone is «right» or «wrong.» Most importantly, the purpose of the hearing is not to «put you on trial» or to show that you are not doing something right. The guardianship service emphasizes that while the hearing will likely focus on you, it is not intended to criticize or punish you.