TRUSTEE ACT 1898

Table of Provisions

PART I - Preliminary

• 1 Short title
• 2 Commencement
• 3 Section 3
• 4 Interpretation

PART II - Investments

• 5 Application of Part
• 6 Power of trustee to invest
• 7 Duty of trustee
• 8 Matters to which trustee may have regard
• 9 Law and equity preserved
• 10 Powers of trustee in relation to securities
• 11 Calls on shares
• 12 Purchase of house for beneficiary
• 12A Power of trustee to retain investments
• 12B Loans and investments by trustees
• 12C Liability of trustee for loss on improper investments
• 12D Court may take into account investment strategy
• 12E Set-off for gains and losses
• 12F Transitional provision

PART III - Various Powers and Duties of Trustees

• 13 Power of appointing new trustees
• 14 Retirement of trustee
• 15 Vesting of trust property in new or continuing trustees
• 16 Power of trustee for sale to sell by auction
• 17 Power to sell subject to depreciatory conditions
• 18 Power to sell under section 37 of the Conveyancing and Law of
Property Act 1884
• 19 Section 19
• 20 Power to authorize receipt of money by banker or Australian legal
practitioner
• 21 Power to insure building or other property
• 22 Power of trustees of renewable leaseholds to renew and to raise
money for the purpose
• 23 Power of trustee to give receipts
• 24 Power of executors and trustees to compound, &c.
• 25 Powers of two or more trustees exercisable by survivor
• 25AA Power to delegate trusts
• 25A Distribution of property or estate after notice by trustee or
executor or administrator
• 26 Exoneration of trustees in respect of certain powers of attorney
• 27 Implied indemnity of trustees
• 28 Right of beneficiary to apply to trustee for accounts
• 29 Power of trustees to make advances to beneficiaries
• 30 Protective trusts

PART IV - Trustee Companies

• 31 Power of trustee companies to act for two or more trustees

PART V - Powers of the Court

• 32 Power of Court to appoint new trustees
• 33 Vesting orders as to property
• 34 Vesting orders as to stock and choses in action
• 35 Orders as to contingent rights of unborn persons
• 36 Vesting order in place of conveyance by certain persons under
disability
• 37 Vesting order in place of conveyance by representative of mortgagee
• 38 Vesting order consequential on judgment for sale or mortgage
• 39 Vesting order consequential on judgment for specific performance
• 40 Effect of vesting order
• 41 Power to appoint person to convey
• 42 Persons entitled to apply for orders
• 43 Powers of new trustee appointed by Court
• 44 Power to charge costs on trust estate
• 45 Trustees of charities
• 46 Orders made upon certain allegations to be conclusive evidence
• 47 Power of Court to make orders in certain cases not provided for by
trust instruments, &c.
• 48 Payment into Court by trustees
• 49 Payment into Court of money of certain persons under disability
• 50 Jurisdiction of Court in cases of breach of trust
• 51 Power to give judgment in absence of trustee
• 52 Power to sanction sale of land or minerals separately
• 53 Power to make beneficiary indemnify for breach of trust

PART VI - Miscellaneous and Supplemental

• 54 Provisions as to appointments of trustees apply to trustees under
the Settled Land Act 1884
• 55 Power of trustees, with sanction of Court, to raise by mortgage
moneys for preservation of estate or like purposes
• 56 Section 56
• 56A Section 56A
• 57 Decrees, &c., to bind land under the Real Property Act 1862
Land Titles Act 1980
• 58 Remuneration of trustee
• 59 Trust estates not affected by trustee becoming a convict
• 60 Section 60
• 61 Decree for sale
• 62 Power of judges to make rules under this Act
• 63 Costs in discretion of Court
• 64 Application of Act
• 65 Act to operate as indemnity
SCHEDULE 1 SCHEDULE 2

[ Note: This table has been automatically generated and may be incomplete. ]