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PUBLIC TRUSTEE ACT 1978 - SECT 17A
Priority etc. of fees and charges
17A Priority etc. of fees and charges
(1) The public trustee may retain or pay out of an estate the public trustee
is administering, in priority to any other claims— (a) expenses (including
liabilities) a trustee may retain or pay out of trust property, or that the
public trustee considers are necessary or expedient for the management of the
estate; and
(b) fees payable for a service the public trustee provides.
(2)
The public trustee is to decide whether the fees and expenses payable under
this section are to be paid from capital or income.
(3) The public trustee
has a general lien on all property comprised in an estate the public trustee
is administering for the payment of— (a) fees and expenses payable,
including fees and expenses payable under this section for the administration
of the estate; and
(b) costs, fees and allowances and charges earned by the
official solicitor or another lawyer who is a public service officer for the
public trustee in connection with a proceeding relating to the estate.
(4)
The public trustee’s interest under subsection (1) or (3) in relation to
personal property is declared to be a statutory interest to which section 73
(2) of the Personal Property Securities Act 2009 (Cwlth) applies.
(5) The
public trustee has the same rights of lien a lawyer who is not a public
service officer would have for costs and charges for work of a legal nature—
(a) done by the public trustee or the official solicitor; or
(b) done for the
public trustee by a lawyer who is a public service officer.
(6) In this
section—
"personal property" see the Personal Property Securities Act 2009 (Cwlth) ,
section 10 .
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