List a Queensland payment out of damages held under section 59
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the expense the lawyer asks to have paid from money held under section 59, and the subsection the lawyer relies on. Do not decide the expense is reasonable, and do not draft a tribunal application.
- What the lawyer must review
- Section 59(4) holds the money on trust, subject to a court direction
- Section 59(4A) is reimbursement of reasonable expenses, not a new claim
- This task does not draft a tribunal application
- Do not insert a fee or a tax consequence
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland money held by the public trustee under Public Trustee Act section 59
Produce. A list of the expense and the subsection the lawyer relies on. No application and no finding that the expense is reasonable.
Have ready. The expense and the amount the lawyer puts forward; Whether the money is already held under section 59.
Example of the limit. Illustrative example: The list records a reimbursement the lawyer wants considered under section 59(4A). It does not say the expense is reasonable.
Stop and hand it back when
- The draft decides the expense is reasonable.
- The draft becomes a tribunal application.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the expense the lawyer asks to have paid from money held under section 59, and the subsection the lawyer relies on. Do not decide the expense is reasonable, and do not draft a tribunal application. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 59(4): money paid to the public trustee is held and applied on trust for the person under a legal disability, subject to a general or special direction of a court.
- Section 59(4A)(a): the public trustee may discharge or reimburse expenses reasonably incurred by or on behalf of the person under disability. The tool does not decide that an expense is reasonable.
- Section 59(4A)(b) gives Part 6 powers where the person is not of full mental capacity, as if the money were an estate under management. Part 6 was not opened beyond that cross-reference and the Public Trustee's description of a Protection Order. Do not state those powers.
- Practice Direction 15 of 2018 paragraph 11 allows a direction, in a child's order, that the trustee consider applying to the tribunal under section 12 or section 13 of the Guardianship and Administration Act 2000 where the child may lack capacity at 18. That is not this payment. The tool does not draft it. Section 59(5) does not prejudice a solicitor's lien. No fee was opened.
Sources
- Public Trustee Act 1978 (Qld) section 59 · 2026-10-23
- Supreme Court Practice Direction 15 of 2018 · 2026-10-23
- Public Trustee of Queensland: Sanctions under section 59 · 2026-10-23
A Protection Order ends when the minor turns 18. That end date is not a payment-out power.
Health, wage and settlement material stays in a firm-controlled tool. Apply ASCR r 9 and APP 11, and consider whether a breach is notifiable under the Privacy Act 1988 (Cth).