In guardianship matters, undertakings are solemn promises made to the court or tribunal that can have serious consequences if breached.
A recent decision in Western Australia highlights the importance of understanding the implications of such undertakings and the potential consequences for parties involved in these matters.
In this blog post, I discuss the significance of undertakings, particularly in guardianship matters, and provide insights into the consequences of breaching them.
The Importance of Undertakings in Guardianship Matters
Undertakings play a crucial role in legal proceedings, particularly in guardianship matters.
They serve as a means to ensure that parties act in the best interests of the person under guardianship and comply with the directions of the court or tribunal.
When an undertaking is given, it is expected that the party providing it fully understands the gravity of their commitment and the possible consequences of breaching it.
Breaching Undertakings and Contempt of Court
In the case of Dc [2021] WASAT 130, it was held that the conduct of both the father and the son was capable of constituting contempt of the Supreme Court.
This decision was based on the fact that the father had given an undertaking not to sell or otherwise deal with a particular property, and yet, he permitted the transfer of the property to his son, effectively breaching the undertaking (Dc [2021] WASAT 130, [26]-[28]).
Furthermore, the son was found to have aided and abetted his father's breach of the undertaking, which in itself constituted contempt (Dc [2021] WASAT 130, [29]-[35]).
It is essential to understand that aiding and abetting a contempt constitutes a contempt in its own right, regardless of whether the individual was directly bound by the injunction or undertaking (Seaward v Paterson, cited in Dc [2021] WASAT 130, [30]-[31]).
In this case, the Tribunal was satisfied on the balance of probabilities that the conduct of both the father and the son was capable of constituting contempt of the Supreme Court (Dc [2021] WASAT 130, [26], [29]).
Consequently, the Tribunal reported the alleged contempts to the Supreme Court for further action (Dc [2021] WASAT 130, [38]).
Key Takeaways
The decision in Dc [2021] WASAT 130 serves as a reminder that undertakings given in guardianship matters are not to be taken lightly.
Breaching an undertaking can have severe consequences, including being held in contempt of court. It is crucial for all parties involved in a guardianship matter to understand the undertakings they provide and their obligations under the relevant legislation, such as the State Administrative Tribunal Act 2004 (WA).
If you have any concerns or questions about your obligations in a guardianship matter, it is advisable to seek professional legal advice from a qualified guardianship lawyer.
I can guide you through the process and help you navigate the complexities of guardianship law to ensure that you fulfil your legal obligations and act in the best interests of the person under guardianship.
You can contact me here.