---
title: "List a Queensland payment out of damages held under section 59"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/ask-for-a-payment-from-damages-held-for-a-person-who-cannot-give-a-good/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-ST20261023-4-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# List a Queensland payment out of damages held under section 59

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/ask-for-a-payment-from-damages-held-for-a-person-who-cannot-give-a-good/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 |
| Written for | Queensland |
| Applies to | [Ask for a payment from damages held for a person who cannot give a good discharge](https://ailawframework.com/practice/personal-injury-and-compensation/ask-for-a-payment-from-damages-held-for-a-person-who-cannot-give-a-good.md) |

## Checking plan

**Verify against sources**

The tool lists the payment the lawyer asks for. The court or the public trustee decides it. A tribunal application is a different step.

- What the AI does: 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 does: The lawyer decides whether to ask for a payment out and what direction is sought.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. 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.
3. 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.
4. 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.

## Notes

- 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).

## Practical guide

Jurisdiction: Queensland money held by the public trustee under Public Trustee Act section 59

**Deliverable**: A list of the expense and the subsection the lawyer relies on. No application and no finding that the expense is reasonable.

**Inputs**

- The expense and the amount the lawyer puts forward
- Whether the money is already held under section 59

**Example**: 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 escalate when**

- The draft decides the expense is reasonable.
- The draft becomes a tribunal application.

Checked 2026-10-23.

## Sources

- [Public Trustee Act 1978 (Qld) section 59](https://classic.austlii.edu.au/au/legis/qld/consol_act/pta1978179/s59.html) (checked 2026-10-23)
- [Supreme Court Practice Direction 15 of 2018](https://www.courts.qld.gov.au/__data/assets/pdf_file/0008/578195/sc-pd-15of2018.pdf) (checked 2026-10-23)
- [Public Trustee of Queensland: Sanctions under section 59](https://www.pt.qld.gov.au/about-us/who-we-are/official-solicitor/lawyers-and-insurers-fee-estimates-and-sanctions-under-s59) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*