Powers of Attorney Act 2006

An attorney under a power of attorney may be ordered by the Supreme Court to compensate the principal (or, if the principal has died, the principal’s estate) for a loss caused by the attorney’s failure to comply with this Act in the exercise, or purported exercise, of a power.

Under s 52, the attorney may be relieved from liability.

Subsection (1) applies whether or not the attorney is convicted of an offence in relation to the attorney’s failure.

If the principal or attorney has died, the application for compensation must be made to a court within 6 months after the day of the death.

If the principal and the attorney have died, the application for compensation must be made to a court within 6 months after the day of the first death.

The Supreme Court may extend the application time under subsection (3) or (4).

An application for an extension may be made before or after the end of the period to be extended (see Legislation Act, s 151C).