Conflict Transactions in the Guardianship System
Queensland Lawyer, 28(6), pp. 286-288, 2008
Posted: 10 Jul 2016
Date Written: 2008
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,  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: Suggested Citation