Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Public
Trustee, for any of the purposes of this Act, unless expressly prohibited by
or under an instrument or order of the Court may, at his discretion and in
addition to and not in restriction of any other powers under this or any other
Act, exercise the following powers —
(a)
collect, receive, and recover any moneys, rents, incomes and profits due or
which become due to or any compensation or damages for injury to any estate or
person;
(b)
lease land or premises for a term not exceeding 3 years, at such rent and
on such conditions as he may think fit;
(c)
surrender any lease, accept any lease, accept the surrender of any lease, or
renew any lease;
(d)
exercise to such extent and in such manner as the Public Trustee thinks proper
any power of leasing vested in any person;
(e)
sell, exchange, realise, mortgage or charge any property. The Public Trustee,
when acting under this paragraph as executor or administrator, shall be
subject to the Administration Act 1903 ;
(ea)
purchase land in fee simple in the State, either alone or with any other
person in the course of the administration of any trust or estate;
(f)
bring land under the Transfer of Land Act 1893 ;
(g) pay
any debts, and settle, adjust, or compromise any demand made by or against any
estate or person, and discharge any encumbrance on the estate;
(h)
carry on, so far as appears desirable, any trade, profession, or business
carried on prior to his appointment;
(i)
agree to any alteration of the conditions of any
partnership or to a dissolution and distribution of the assets thereof;
(j)
bring and defend actions, suits, and other legal proceedings, and suffer
judgment to go by default, or consent to any judgment or order in such action
or proceeding, upon such terms as he thinks fit;
(k)
execute and sign all deeds, instruments, and other documents;
(l)
complete any contract entered into prior to his appointment, or enter into any
agreement terminating such contract, or any liability thereunder;
(m) take
proceedings to cause a person to be adjudicated a bankrupt or a company to be
placed in liquidation, and vote and act, either personally or by proxy, at
meetings of creditors or shareholders, whether the company be in liquidation
or not;
(n) pay
such sum or sums for the maintenance of any person (and, in the event of
death, for funeral expenses), and for the maintenance of the person’s
spouse, de facto partner or any child, parent or other person dependent on the
person, and for the education of the person’s children, as to the Public
Trustee seems expedient and reasonable;
(na) pay
such sum or sums for the education of the beneficiary of a trust of which the
Public Trustee is trustee as to the Public Trustee seems expedient and
reasonable;
(o)
exercise powers of appointment and give consents as fully and effectually as
the person he represents could have exercised or given;
(p)
insure against fire, accident, loss or damage any property; (Where he holds
any life policy, and there are not sufficient funds to keep the same on foot,
he may surrender such policy and accept in lieu thereof a fully paid-up
policy.);
(q)
expend money for the repair, maintenance, upkeep or renovation of any
property;
(r)
generally do all acts and exercise all powers with respect to the estate or
person as effectually and in the same manner as the person whom he represents
himself might have done;
(s) do
all matters necessary or incidental to the performance of any of the
abovementioned matters, and apply any moneys which it is necessary to apply.
(2) Provided that,
unless under the express authority of this Act or of any instrument or an
order of the Court, or except when acting as executor or administrator for the
purpose of administration or performing a function or exercising an authority
referred to in Schedule 5 clause 1(1) or (2) or 2(1)
or (2) of the Guardianship and Administration Act 1990 , the Public
Trustee shall not under paragraph (e) aforesaid —
(a) sell
real property of a greater value than $50 000;
(b)
exchange real property of a greater value than $25 000, or join in a
partition in which the interest of any person entitled thereunder exceeds
$25 000;
(c)
borrow money to an amount exceeding $20 000.
(3) In the event of
the execution or signature by the Public Trustee of any deeds, instruments
(including instruments under the Transfer of Land Act 1893 ), transfers
of shares, receipts, releases, and other documents, they shall be as effectual
as if executed or signed by the person whom he represents and shall be acted
upon by the Registrar of Titles and all other persons without any obligation
to inquire as to the authority or powers of the Public Trustee.
(4) This section does
not apply where the Public Trustee is the administrator of the estate of a
represented person.
[Section 49 amended by No. 113 of 1965
s. 8; No. 46 of 1984 s. 9; No. 24 of 1990 s. 123;
No. 3 of 2002 s. 100; No. 9 of 2008 s. 30.]