Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The investments of
moneys under the control or subject to any order of the Supreme Court shall be
made by the Public Trustee.
(2) All moneys or
damages so received or awarded by or to the Public Trustee shall, subject to
any specific or general directions of the appropriate court, be held and
applied by him in such manner as he thinks fit for the maintenance and
education or otherwise for the benefit of the persons entitled thereto.
(3A) All moneys
ordered to be invested under the provisions of the
Workers’ Compensation and Injury Management Act 1981 , shall be
paid to the Public Trustee, and the receipt of the Public Trustee, or of any
one authorised by him in that behalf, shall be a complete discharge to all
persons concerned.
(3B) The Public
Trustee shall hold money received under subsection (3A) for the person or
persons entitled thereto.
(3C) Any money
received under subsection (3A) shall be disbursed by the Public Trustee
in accordance with the order pursuant to which it is held, but the Public
Trustee has sole discretion as to its investment.
(4) A certificate
under the hand and seal of the Public Trustee, showing the receipt of the said
money, shall in any court or proceedings whatsoever be sufficient evidence of
the facts therein stated without any further proof.
(5) Nothing in this
section shall prejudice the lien of a solicitor for any costs which have been
allowed by a taxing officer of the Supreme Court or the Magistrates Court as
solicitor and client costs. No costs other than those allowed in such taxation
shall be payable to any solicitor.
[Section 37 amended by No. 7 of 1950
s. 3; No. 67 of 1979 s. 61; No. 34 of 1999 s. 61;
No. 42 of 2004 s. 175; No. 59 of 2004 s. 141; No. 19 of
2010 s. 51.]
[Heading inserted by No. 9 of 2008 s. 22.]