Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The * Official Trustee is not personally liable for:
(a) any loss or damage, sustained by a person claiming an * interest in all or part of the * controlled property, arising from the Official Trustee taking custody and control of the property; or
(b) the cost of proceedings taken to establish an interest in the property;
unless the court is satisfied that the Official Trustee is guilty of negligence in respect of taking custody and control of the property.
Note: See also section 267AB, which extends the meaning of controlled property for the purposes of this section.
(2) The * Official Trustee is not personally liable for:
(a) any rates, land tax or municipal or statutory charges imposed under a law of the Commonwealth, a State or a Territory in respect of the * controlled property, except out of any rents or profits that the Official Trustee receives from the property; and
(b) if, in taking custody and control of the property, the Official Trustee carries on a business--any payment in respect of long service leave or extended leave:
(i) for which the person who carried on the business before the Official Trustee was liable; or
(ii) to which an employee of the Official Trustee in its capacity as custodian and controller of the business, or a legal representative of such an employee, becomes entitled after the * restraining order covering the property was made; and
(c) any other expenses in respect of the property.