---
title: "Compare who holds Queensland damages for a person under a legal disability"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/compare-who-is-to-hold-damages-recovered-for-a-child-or-a-person-who-can/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-ST20261023-3-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Compare who holds Queensland damages for a person under a legal disability

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/compare-who-is-to-hold-damages-recovered-for-a-child-or-a-person-who-can/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 | 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 |
| Written for | Queensland |
| Applies to | [Compare who is to hold damages recovered for a child or a person who cannot manage them](https://ailawframework.com/practice/personal-injury-and-compensation/compare-who-is-to-hold-damages-recovered-for-a-child-or-a-person-who-can.md) |

## Checking plan

**Verify against sources**

The comparison shows who section 59 allows to hold the money. The lawyer and the court decide the holder.

- What the AI does: 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 does: The lawyer decides which subsection applies and what order is sought about the holder.
- 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(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.
2. 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.
3. 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).
4. 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.

## Notes

- 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.

## Practical guide

Jurisdiction: Queensland damages recovered for a child or a person under a legal disability

**Deliverable**: A comparison of the named holder with the payee section 59 allows. No choice of holder.

**Inputs**

- Whether a proceeding is on foot
- The holder named in the compromise or the proposed order

**Example**: 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 escalate when**

- The draft appoints a trustee or a manager.
- The draft inserts a fee.

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)
- [WorkSafe Queensland: Common law damages](https://www.worksafe.qld.gov.au/workers-compensation/compensation-claims/common-law-claims/common-law-damages) (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)
- [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)

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