A private manager of a protected estate that is not a licensed trustee company has no entitlement to remuneration from the estate absent a court order; NCAT and the NSW Trustee cannot independently authorise such remuneration. Any remuneration allowed must be just and reasonable for services actually provided, subject to the manager's due performance of obligations and ongoing liability to account. The Court established detailed practice guidelines requiring disclosure of fee claims at the time of appointment, service on the NSW Trustee, and a report from the NSW Trustee before appointment of non-trustee company private managers for reward.
The full text is available to signed-in members, including the 49 later cases that cite this judgment.
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