Australian Capital Territory Consolidated Acts

PUBLIC TRUSTEE ACT 1985 - SECT 39

    (1)     The court may, on an application made to it in relation to property of which the public trustee is manager under this part, give directions relating to—

        (a)     the property; or

        (b)     the management or administration of the property; or

        (c)     the exercise of any of the powers conferred on the public trustee under this part in respect of the property.

    (2)     An application under subsection (1) may be made by—

        (a)     the public trustee; or

        (b)     the domestic partner, a child, or any other dependant of the owner of the property; or

        (c)     any person who has an interest in the property to which the application relates.

    (3)     The court may, on an application made to it by the public trustee in relation to property of which the public trustee is manager under this part, make an order authorising the public trustee to sell the property on such conditions as it thinks fit.

    (4)     Before determining an application under this section, the court may direct that notice of the application—

        (a)     be served on such person as it thinks fit; or

        (b)     be published in such manner as it thinks fit.

    (5)     For the purpose of determining an application under this section, the court shall have regard to—

        (a)     the need for preservation of the property to which the application relates; and

        (b)     the likelihood of the property deteriorating; and

        (c)     the interest of any person having an interest in the property; and

        (d)     the interest of the domestic partner, a child, or any other dependant of the owner of the property; and

        (e)     in the case of an application under subsection (3)—whether continued management of the property by the public trustee might, for any reason, be unduly onerous; and

        (f)     such other matter as it thinks fit.

    (6)     Where—

        (a)     the public trustee is acting as manager of property under this part; and

        (b)     the gross value of the property does not exceed $5 000; and

        (c)     the public trustee considers that it is necessary or desirable to sell the property having regard to—

              (i)     the likelihood of the property deteriorating; or

              (ii)     the interest of any person having an interest in the property; or

              (iii)     the interest of the domestic partner, a child, or any other dependant of the owner of the property; or

              (iv)     the likelihood that continued management of the property by the public trustee might, for any reason, be unduly onerous;

the public trustee may sell the property.

    (7)     Where the public trustee sells property under this section, the public trustee ceases to be manager of that property.