Compare who holds Queensland damages for a person under a legal disability
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Compare the payees section 59 allows with the holder the compromise names. Do not choose the holder, and do not treat a solicitor's trust account as the section 59(1) payee unless the court directs.
- What the lawyer must review
- In a proceeding the default payee is the public trustee
- Before action the payee is the appropriate person
- A WorkCover trust-account sentence does not displace section 59(1)
- The tool does not choose the holder
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland damages recovered for a child or a person under a legal disability
Produce. A comparison of the named holder with the payee section 59 allows. No choice of holder.
Have ready. Whether a proceeding is on foot; The holder named in the compromise or the proposed order.
Example of the limit. Illustrative example: The compromise names the solicitor's trust account for a child. The comparison marks that section 59(1) does not allow that payment unless the court directs.
Stop and hand it back when
- The draft appoints a trustee or a manager.
- The draft inserts a fee.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Compare the payees section 59 allows with the holder the compromise names. Do not choose the holder, and do not treat a solicitor's trust account as the section 59(1) payee unless the court directs. |
| 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(1): money or damages recovered for a person under a legal disability are not paid to the next friend, the plaintiff's solicitor, or anyone other than the public trustee, unless the court otherwise directs.
- Section 59(2), before action, pays the appropriate person unless a court directs otherwise. Do not use the proceeding payee and the pre-action payee as if they were the same.
- The WorkCover common-law page says the insurer can pay a settlement into the worker's solicitor's trust account. Where the person is under a legal disability, that sentence does not displace section 59(1).
- For a child, Supreme Court Practice Direction 15 of 2018 paragraph 11 says the order should provide for a trustee to hold the balance until the plaintiff reaches 18. The Public Trustee's page says the court will generally appoint a trustee, which may be the Public Trustee, a private trustee company or an individual. A Protection Order under Part 6 appoints the Public Trustee as manager, not as trustee, and Part 6 does not allow a private trustee company or an individual to be appointed manager.
Sources
- Public Trustee Act 1978 (Qld) section 59 · 2026-10-23
- WorkSafe Queensland: Common law damages · 2026-10-23
- Public Trustee of Queensland: Sanctions under section 59 · 2026-10-23
- Supreme Court Practice Direction 15 of 2018 · 2026-10-23
No fee figure was read. Do not insert one. The 90-day superannuation sentence on the Public Trustee's page is that office's description. No tax ruling was opened.
District Court Practice Direction 6 of 2018 paragraph 2 adopts paragraphs 3 to 12 of the Supreme Court direction, including paragraph 11.