Public Trustee Act 1978

The public trustee may, subject to the regulations, consult with and employ such solicitors, counsel, financial institutions, accountants and brokers or other persons as the public trustee considers necessary and may remunerate such persons and shall be entitled to be allowed and paid all charges and expenses so incurred.

Where, in the case of an estate under administration, the settlor or testator by the trust instrument has directed that a solicitor, accountant, broker or financial institution shall conduct the legal or other business of the estate, such person shall be entitled to act therein accordingly, but, in such case, the public trustee shall not be liable for the default of such person except to the extent to which the public trustee is entitled to be indemnified out of the estate under administration.

Such person may be removed by order of the court upon the application of the public trustee or of any person interested in the estate upon cause shown, and, in such case, the court may appoint the public trustee or any other person to conduct such business or may make such other order as it thinks fit.

There may be an official solicitor to the public trustee, who shall be a barrister or solicitor of the Supreme Court.

The official solicitor shall be entitled to act as solicitor in any court or in any proceedings under the title of ‘official solicitor to the public trustee’ without the necessity of showing the official solicitor’s own personal name and, on any change in the holder of the office of official solicitor, it shall not be necessary to give any notice of change of solicitor or otherwise formally to record such change.

Notwithstanding subsections (1) to (4), it shall not be necessary, when a solicitor other than a solicitor in private practice acts for the public trustee in any proceedings, for the proceedings to be conducted on behalf of the public trustee in the name of such solicitor or for documents filed or delivered on behalf of the public trustee in the proceedings to be endorsed with the name or place of business or address for service of the solicitor filing or delivering such documents, but only the corporate name of the public trustee and, where an address or place of business is required to be shown, the solicitor’s address for service need be shown thereon.

Notwithstanding that the name of a solicitor does not appear on the record of any proceedings as acting for the public trustee, the public trustee shall be entitled to the same costs and expenses and in the same manner as if the name of a solicitor did appear on the record of the proceedings.

To remove any doubt, nothing in this section prevents the official solicitor from acting as barrister or solicitor for a person other than the public trustee.