QLDIn ForceAct
Powers of Attorney Act 1998
sec.105Relief from personal liability
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### sec.105 Relief from personal liability
If the court considers—
an attorney is, or may be, personally liable for a breach of this Act; and
the attorney has acted honestly and reasonably and ought fairly to be excused for the breach;
the court may relieve the attorney from all or part of the attorney’s personal liability for the breach.
In this section—
attorney means—
an attorney under a general power of attorney made under this Act; or
an attorney under an enduring document; or
an attorney under a power of attorney made otherwise than under this Act, whether before or after its commencement; or
a statutory health attorney.
(sec.105-ssec.1) If the court considers— an attorney is, or may be, personally liable for a breach of this Act; and the attorney has acted honestly and reasonably and ought fairly to be excused for the breach; the court may relieve the attorney from all or part of the attorney’s personal liability for the breach.
(sec.105-ssec.2) In this section— attorney means— an attorney under a general power of attorney made under this Act; or an attorney under an enduring document; or an attorney under a power of attorney made otherwise than under this Act, whether before or after its commencement; or a statutory health attorney.
- (a) an attorney is, or may be, personally liable for a breach of this Act; and
- (b) the attorney has acted honestly and reasonably and ought fairly to be excused for the breach;
- (a) an attorney under a general power of attorney made under this Act; or
- (b) an attorney under an enduring document; or
- (c) an attorney under a power of attorney made otherwise than under this Act, whether before or after its commencement; or
- (d) a statutory health attorney.