Australian Capital Territory Current Acts

ADMINISTRATION AND PROBATE ACT 1929 - SECT 95

    (1)     This section applies if—

        (a)     the public trustee and guardian has the responsibility of collecting and administering a deceased estate; and

        (b)     the public trustee and guardian or the curator of estates of deceased persons has—

              (i)     neglected or refused to do any act in relation to the administration of the estate; or

              (ii)     acted, or threatened to act, in breach of his or her duty in relation to the administration of the estate.

    (2)     If this section applies, a person interested in an estate referred to in subsection (1) may apply to the Supreme Court—

        (a)     for an order calling on the public trustee and guardian to show cause before the court why the public trustee and guardian should act, or fail to act, in the way complained of; or

        (b)     for an interim injunction.

    (3)     On application under subsection (2), the Supreme Court may grant an order or interim injunction subject to any conditions about giving security for costs the court considers appropriate.