Trustee Fakes $315,000 Debt

NSWTG (NSW Trustee & Guardian) claimed their client, the Mum of Dee (name changed) had a $315k debt to her ACF (Aged Care Facility) for a RAD (Refundable Accommodation Deposit). Conveniently for NSWTG, this would justify selling her house to pay the debt which they claimed existed.

Dee asked NSWTG for evidence but they merely sent him an irrelevantly old ACF contract signed before NSWTG even took over. So Dee applied to NCAT (NSW Civil & Administrative Tribunal) to summons NSWTG (warning: huge file) for a relevant document (including an explanation to NCAT of why that contract is irrelevant).

There was a "Return of Summons" hearing where NSWTG failed to respond... or so it seemed. The hearing was rescheduled for three days later.

In the meantime it was shown to be incompetence by the NCAT registrar who didn't see the physical hardcopy response which NCAT received four days earlier. An electronic version was sent to all parties and Dee reminded them in email that this was again the irrelevant ACF contract. The same one he pointed to as being irrelevant in the Summons application in the first place.

Nevertheless in the rescheduled hearing the increasingly incompetent NCAT registrar was willing to accept this document as a valid response, admitting to not having read Dee's complaint. Dee finally got NSWTG to admit in the hearing however that no such debt existed.

UPDATE (February 2024)
More than a year later after Dee succeeded in having Financial Management removed from NSWTG, they again lied about this $315k debt. The new Financial Manager explained all of the above to them on the phone and explained the error in an email but they totally ignored that explanation in a subsequent NCAT hearing report where they lied about this debt yet again.