Appeal lodged by a patient concerning a community treatment order

  • 20 Jan 2016

On 3 December 2015 we reported on a Court of Appeal decision in relation to an appeal lodged by a patient concerning a community treatment order (CTO). The Court of Appeal remitted the matter back to the Equity Division of the Supreme Court of NSW on the basis that when the matter was heard at first instance the Tribunal’s decision was reviewed by the Court. The Court of Appeal found that the relevant legislation, the Mental Health Act, in fact required that the Court’s hearing be a rehearing in which the Court was required to consider whether the patient satisfied s53 of the Mental Health Act such that it was appropriate that she be subject to a CTO.

When the matter came before the Court on 16 December 2015 it was noted that the CTO in question had in fact expired on 2 December 2015. As such the Court concluded that to consider the appeal would be futile as the CTO was no longer in place or capable of being in enforced at them time of the appeal. The appeal was therefore dismissed with no order as to costs. Whilst the judgment notes that another LHD had given notice that it proposed to apply to the Mental Health Tribunal for another CTO in respect of Z this application had not been heard at the time that the remitted matter was heard. In any event should Z disagree with any orders relating to that application then it will be necessary to lodge a new appeal with the Court to appeal against the orders made.

Post by Karen Kumar and Cameron Leaver

Most Popular Articles


When can the unqualified be qualified? Non-lawyers engaging in legal practice - when is it OK and when is the law broken

Only lawyers can provide legal advice, but anyone can provide legal information. When thinking of the difference, you might ask your friend or colleague to provide information about a serious illness; however you would seek out a qualified medical professional in relation to its treatment.

Service of Notices by Registered Post

Where service of a notice is authorised or required by post, unless the contrary intention appears, service will be deemed to be effected at the time when the notice would be delivered in the ordinary course of post: see the various Acts Interpretation acts of the States and Commonwealth.

Thanks, but no thanks – I don’t want to inherit

It seems odd that anybody would reject an inheritance, but for some beneficiaries, there are valid reasons they do not wish to receive their inheritance.

Subscribe to Our Blog

Keeping you connected, Hicksons regularly publishes articles to keep you up to date on the latest developments. To receive these updates via email, please subscribe below and indicate which areas of law you would like to receive information on.