Legal Arguments

Discrimination Under Equal Opportunity Act 1984 (WA) Part IVA

The SAT member discriminated against Stephen on the basis of his impairment by dismissing his legitimate business ventures as 'chronic delusions'

Equal Opportunity Act 1984 (WA) Part IVA, Sections 66A-66K

Reversal of Burden of Proof

The SAT reversed the presumption of capacity, requiring Stephen to prove capacity rather than requiring evidence of incapacity

Guardianship and Administration Act 1990 (WA) Section 4

Failure to Consider Least Restrictive Alternative

The SAT imposed a 5-year administration order without considering less restrictive alternatives such as supported decision-making

Guardianship and Administration Act 1990 (WA) Section 69

Devastating Financial and Personal Harm

The orders have caused over $441,000 in quantified losses and contributed to the death of Stephen's wife

Duty of care, proportionality

Procedural Unfairness

Stephen was silenced during the hearing, his psychologist's testimony was dismissed, and he was denied the ability to present evidence

Natural justice, right to be heard

Financial Harm: $441,000
Public Trustee Fees$40,000
Lost Business Income$100,000
Missed Investment (Classic Minerals)$300,000
ASIC & Business Costs$1,000