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Powers of Attorney Act 2006
50Compensation for failure to comply with Act—Supreme
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50 Compensation for failure to comply with Act—Supreme
Court order
(1) An attorney under a power of attorney may be ordered by the
Supreme Court to compensate the principal (or, if the principal has
died, the principal’s estate) for a loss caused by the attorney’s failure
to comply with this Act in the exercise, or purported exercise, of a
power.
Note Under s 52, the attorney may be relieved from liability.
(2) Subsection (1) applies whether or not the attorney is convicted of an
offence in relation to the attorney’s failure.
(3) If the principal or attorney has died, the application for compensation
must be made to a court within 6 months after the day of the death.
(4) If the principal and the attorney have died, the application for
compensation must be made to a court within 6 months after the day
of the first death.
(5) The Supreme Court may extend the application time under subsection
(3) or (4).
Note An application for an extension may be made before or after the end of
the period to be extended (see Legislation Act, s 151C).