Restriction on charging of fees for legal services
14 Restriction on charging of fees for legal services
S. 14(1) amended by No. 35/1996 s. 453(Sch. 1 item 78).
Except as provided in this section and section 20A of the Trustee Companies Act 1984, State Trustees must not directly or indirectly charge or receive a fee or recover disbursements for a service provided by a legal practitioner employed by State Trustees or who shares his or her remuneration with State Trustees unless the beneficiary of any estate which is to be charged has first approved the provision of the service, the charging of a fee and the recovery of disbursements.
S. 14(2) amended by No. 35/1996 s. 453(Sch. 1 item 78).
Where—
the beneficiary of an estate cannot reasonably be located; or
there is no beneficiary; or
a beneficiary or person—
S. 14(2)(c)(i) amended by Nos 52/1998 s. 311(Sch. 1 item 85.2), 13/2019 s. 221(Sch. 1 item 50.3).
is under a disability within the meaning of the Guardianship and Administration Act 2019; or
S. 14(2)(c)(ii) repealed by No. 13/2019 s. 221(Sch. 1 item 50.4).
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is otherwise under a legal disability; or
an estate has more than one beneficiary—
State Trustees may charge and receive a fee and recover disbursements for a service provided to the estate or person by a legal practitioner employed by State Trustees or who shares his or her remuneration with State Trustees if the service is reasonably required and the fee and disbursements are fair and reasonable.
S. 14(3) inserted by No. 18/2005 s. 18(Sch. 1 item 101), amended by No. 17/2014 s. 160(Sch. 2 item 91).
In this section, legal practitioner means an Australian legal practitioner.
This Act’s bill:Second reading speech
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