Public Trustee Act 1995

Subject to this section, the Public Trustee may charge against each estate under the control of the Public Trustee commission and fees (in addition to fees otherwise provided for under this or any other Act and proper expenses in connection with the estate)—

at rates or in amounts fixed by the regulations; or

at rates or in amounts determined by the Public Trustee in particular cases subject to maxima or minima rates or amounts fixed by the regulations.

Any costs and expenses incurred by the Public Trustee that arise through legal proceedings or that are not ordinarily incurred in administering or managing estates are to be charged against the estate in respect of which the costs and expenses are incurred.

Commission, fees, costs and expenses to be charged against an estate may—

be deducted by the Public Trustee from money received for the estate or from money in the estate; or

with the approval of the Court, be raised by sale or mortgage of, or other charge on, property of the estate (together with the costs and expenses of so raising them).

The Court may direct what part or parts of an estate will bear the burden of any commission, fees, costs or expenses provided for under this section and in what proportions (if any) the burden is to be borne.

Despite the other provisions of this section, the Court may, on application by the Public Trustee or any person interested, if it considers that it should do so having regard to the special circumstances of a particular case—

fix the commission to be charged at a higher or a lower rate than that fixed or allowed under the regulations; or

direct that no commission be charged.