Australian Capital Territory Consolidated Acts

PUBLIC TRUSTEE ACT 1985 - SECT 33

    (1)     The public trustee may, in connection with the administration of a deceased estate, cause a notice to be published in a newspaper circulating in the ACT requiring any person who claims to be a creditor against the estate to notify the public trustee in writing of the claim within such period as is specified in the notice.

    (2)     Where—

        (a)     the public trustee causes a notice to be published under subsection (1); and

        (b)     a claim is made by a person in accordance with the notice; and

        (c)     the public trustee disputes, in whole or in part, the claim of the person;

the public trustee shall give to the person a notice, in writing—

        (d)     setting out the decision of the public trustee; and

        (e)     calling upon the person to institute proceedings to enforce the claim within 6 months after the receipt by the person of the notice; and

        (f)     containing a statement informing the person of the effect of a refusal or failure by the person to comply with the notice.

    (3)     If a person to whom a notice is given under subsection (2) does not, within the period specified in the notice, or within such further period as the court, on an application made to it by the person before the expiration of that firstmentioned period, allows, institute proceedings to enforce the person's claim—

        (a)     the public trustee may deal with the estate in connection with which the notice under subsection (1) was published without taking into consideration the claim or so much of the claim as the public trustee disputes; and

        (b)     the right of the person to recover the amount of the claim or that part of the claim that the public trustee disputes shall be absolutely barred.