[5] Hussain v Farhmand [2017] ACAT 107 at [5]

[6] Section 82(b) of the ACAT Act - "An appeal tribunal may, as the tribunal considers appropriate, deal with an appeal - (b) as a review of all or part of the original decision on the application by the tribunal_._"

[7] [2003] HCA 22; (2003) 214 CLR 118

[9] [2012] ACAT 82 at [27]

[10] "4. The appellant is to file an interim or other orders application seeking leave to introduce fresh or further evidence on appeal, attaching a copy of such fresh or further evidence, by 20 November 2017."

[11] Transcript of proceedings 15 January 2018 page 27, lines 27-30

[12] Transcript of proceedings 16 October 2017 page 9, lines 16 - 17

[13] Transcript of proceedings 16 October 2017 page 11, lines 17 - 26

[14] Transcript of proceedings 15 January 2018 p.9, lines 33-36

[15] Transcript of proceedings 15 January 2018 page 10 lines, 24-28

[16] Transcript of proceedings 15 January 2018 page 10, lines 19-21

[17] Transcript of proceedings 18 April 2017 page 13, lines 19-21 and referred to by AC in appendix 1A, page 7 of attachment (1) to application for interim orders

[18] Appendix 1D, page 7 of Attachment (1) to Application for interim Orders.

[19] Murray v Figge (1974) 4 ALR 612, 613 - There is no doubt that a court has power to re-open a case after a hearing has concluded but before judgment is delivered so that new or additional evidence can be admitted

[20] [2018] ACAT 4

[21] Excel Intelligent Pty Ltd v Thomson [2018] ACAT 4

[22] [1936] HCA 40; (1936) 55 CLR 499

[23] section 79(3) "A party to the original application may, by application, appeal the decision to the tribunal on a question of fact or law."

[24] The appellant identified four statutory requirements, (1) sections 9 and 10 of the GMP Act; (2) section 5A of the GMP Act; sections 11, 12 and 30 of the HR Act and (4) section 4 of the GMP Act

[25] Transcript of proceedings 15 January 2018 page 17, lines 12-14

[26] This statement is made in the reasons for decision in [65](b) under 'Consideration of statutory criteria for guardian and manager'. Part of this statement is referred to in [79]

[27] (1981) 37 ALR 620, 621

[28] (2010) 241 CLR 390

[29] In section 3L of appendix (B) of the appellant's submissions to the Tribunal dated 19 June 2017

[30] Transcript 7 August 2017 page 11 lines 24-28

[31] Transcript of proceedings 7 August 2017 page 12, lines 9 - 11, lines 17-21

[32] Transcript of proceedings 7 August 2017 page 12, lines 30-40

[33] [77] - "The review Tribunal is not aware of the views and wishes of AB in relation to the appointment of a guardian and manager, or who should be appointed as a guardian or manager (section 10(4)(a)). As noted earlier, he has had little or no verbal communication with others in recent months. The Tribunal was advised that AB was told about the review hearing. However, he did not attend. At the review hearing AC and his wife, a treating doctor and the PTG's officer were unable to say what his views and wishes are."

[34] Transcript of proceedings15 January 2018 page 48 lines 33-34

[35] Transcript of proceedings 15 January 2018 page 49, line 28

[36] In [81] of the reasons for decision

[37] In [82] of the reasons for decision

[39] Page 23 appellant's submissions filed in December 2017

[40] Appellants submissions filed December 2017 pages 8-9

[41] Appellants submissions filed December 2017 page 9

[42] [88], [89], [90], [91], [93], [95], [96], [97], [98], [99], [101], [102], [103], [106], [109], [110], [111] and [113]

[43] Pages 24 - 36 and 37-39 appellants submissions filed in December 2017

[44] Transcript of proceedings 15 January 2018 page 56, lines 11-18

[45] Page 26 appellant's submissions filed in December 2017

[46] Transcript of proceedings 15 January 2018, page 56 lines 15, 17-18

[47] Transcript of proceedings 15 January 2018 page 61, line 8

[48] Transcript of proceedings 15 January 2018 page 62, lines 32-34

[49] Transcript of proceedings 15 January 2018 page 63 lines17-19

[50] Transcript of proceedings 15 January 2018 page 53, lines 42-44; page 54, lines 1-6

[51] Appellant's submissions filed December 2017 page 41

[52] Transcript of proceedings 15 January 2018 page 81, lines 33-34

[53] Dated 8 December 2017, presented to NSW Civil & Administrative Tribunal (NCAT) Guardianship Division

[54] Appellant's document D1 at page 45

[55] Transcript of proceedings 15 January 2018 page 84, line 31

[56] Transcript of proceedings 15 January 2018 page 84, lines 322-34

[57] Transcript of proceedings 15 January 2018 page 84, lines 36-39

[58] Transcript of proceedings 15 January 2018 page 84 lines 42-44

[59] Transcript of proceedings 15 January 2018 page 85 lines 8-10