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Public Trustee Act 1979
60Powers as manager
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60 Powers as manager
(1) Unless the Court otherwise orders, the powers of the Public Trustee
as manager under this Part of any real or personal property are:
(a) to take or to recover possession of the property and to recover
all money, damages and mesne profits payable to the owner
in respect of the property whether the payment became due
before or after the Public Trustee became manager of the
property;
(b) to apply the property, money, damages or mesne profits, or
any part thereof or income there from, for the maintenance or
education, including past maintenance or education, or the
advancement or benefit, in such manner as the Public Trustee
in his or her absolute discretion thinks fit, of a spouse or
de facto partner or children of the owner of the property or any
other person who is or was dependent upon the owner;
(c) to complete, carry out, perform or enforce in such manner as
the Public Trustee may think fit, any contract affecting the
property or entered into by the owner, and exercise any
powers conferred by any such contract;
(d) to pay out of money received, advanced or borrowed by the
Public Trustee in the exercise of any powers conferred by this
Part, any mortgages, charges or other obligations on or
attached to the property, and any debts or other liabilities of
the owner of the property;
(e) to perform or discharge any obligation or duty imposed by any
Act or otherwise upon the owner of the property;
(f) to do anything requisite to obtaining or perfecting the title to
the property;
(g) in the case of real property, to cut and gather crops growing or
situated on the real property and to erect fences on or around
the property or to contribute to the erection of any dividing or
boundary fences;
Part VIII Unclaimed property
Public Trustee Act 1979 29
(h) to repair property and raise money on the security of the
property for that purpose;
(j) to exercise any power of sale or other powers conferred upon
the owner by any mortgage, lease, Act or instrument;
(k) to pay or retain all commission, charges and expenses as may
be fixed by law;
(m) in the name of the owner or, at the Public Trustee's discretion,
in the corporate name of the Public Trustee, to bring any
action or other proceeding relating to the property, and to
defend, confess, compromise or submit to judgment in any
action, demand or proceedings touching or concerning the
property;
(n) to exercise all the powers which are conferred upon the Public
Trustee by this Act relating to the capacity of the Public
Trustee as a trustee; and
(p) to exercise in respect of the property all other powers that may
be conferred upon the Public Trustee by the Court.
(2) Any money which the Public Trustee may wish to raise pursuant to
the powers conferred by or under this section may be advanced
from a common fund or borrowed from any other source.
(3) All deeds and other documents executed by the Public Trustee as
manager of any property under this Part shall have effect and may
be registered in all respects as if they were executed by the owner
of the property.
(4) Where a deed or instrument or document is executed by the Public
Trustee in the exercise of his or her powers under this Part, no
court or employee or person shall be concerned to see or to inquire
whether those powers had or had not become exercisable.