Conflict Transactions in the Guardianship System

Queensland Lawyer, 28(6), pp. 286-288, 2008

Posted: 10 Jul 2016

See all articles by Ben White

Ben White

Queensland University of Technology - Faculty of Law

Lindy Willmott

Queensland University of Technology - Faculty of Law

Date Written: 2008

Abstract

Sometimes there is room for genuine debate about whether a transaction is one that involves conflict and, if so, whether the transaction should be authorised in any event. At other times, the existence of a conflict and the inappropriateness of proposed or past conduct are quite clear. The decision examined in this editorial, Re KAA, [2008] QGAAT 7 belongs to the latter category of case and so in one sense is legally uncontroversial.

What is significant about this decision, however, is the role played in these various transactions by a legal practitioner. The Guardianship and Administration Tribunal ultimately considered the practitioner’s conduct to be sufficiently concerning to refer its reasons for decision to the Legal Services Commission.

Before turning to this decision, this editorial considers briefly the law relating to conflict transactions in the guardianship system, including the circumstances in which they may be authorized.

Keywords: guardianship, conflict transaction, administrators

Suggested Citation

White, Ben and Willmott, Lindy, Conflict Transactions in the Guardianship System (2008). Queensland Lawyer, 28(6), pp. 286-288, 2008. Available at SSRN: https://ssrn.com/abstract=2806840

Ben White (Contact Author)

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/whiteb/

Lindy Willmott

Queensland University of Technology - Faculty of Law ( email )

Level 4, C Block Gardens Point
2 George St
Brisbane, QLD 4000
Australia

HOME PAGE: http://staff.qut.edu.au/staff/willmott/

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