Reconcile the Queensland net sum and the section 59 payee
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Start from the compromise sum the lawyer accepts, subtract only the amounts the lawyer has accepted, and name the section 59 payee where a legal disability applies. Do not calculate tax or insert a management fee.
- What the lawyer must review
- Start from the sum the lawyer accepts
- Subtract only amounts the lawyer has accepted
- Name the section 59 payee where it applies
- Do not insert a fee or a tax saving
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland net sum payable after amounts brought to account
Produce. A reconciliation from the lawyer's figures, naming the section 59 payee where a legal disability applies.
Have ready. The compromise sum the lawyer accepts; The deductions the lawyer has accepted; Whether section 59(1) or section 59(2) applies.
Example of the limit. Illustrative example: The reconciliation subtracts the Medicare figure the lawyer accepted and names the public trustee as the section 59(1) payee unless the court directs otherwise.
Stop and hand it back when
- A deduction has no figure the lawyer has accepted.
- The draft inserts a management fee or a tax saving.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Start from the compromise sum the lawyer accepts, subtract only the amounts the lawyer has accepted, and name the section 59 payee where a legal disability applies. Do not calculate tax or insert a management fee. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The starting figure is the compromise sum the lawyer accepts. Do not round it and do not add a head the lawyer has not included.
- Subtract only an amount the lawyer has accepted: a notice figure, a repayment figure, or a legal cost the lawyer states. Do not calculate those amounts in this task.
- If section 59(1) applies, the balance is not paid to the next friend or the solicitor unless the court directs. If section 59(2) applies, it is paid to the appropriate person unless a court directs.
- Do not insert a management fee. Do not state a tax consequence of a Protection Order. The Public Trustee's 90-day sentence was not matched to a tax ruling.
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
Section 59(6) and section 59(6A) provide for taxation of costs on the standard and indemnity bases and for a certificate. The amounts used here are the amounts the lawyer accepts, not a taxation the tool has done.
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).