290Official Trustee is not personally liable

290 Official Trustee is not personally liable

(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.