300Control of money recovered by persons under disability

300 Control of money recovered by persons under disability

(1)  Unless the Court or a judge otherwise directs, the following are to be paid to the Public Trustee:

(a) money recovered by or on behalf of, or adjudged, ordered or agreed to be paid to, or for the benefit of, a person under disability;

(b) money paid into Court and accepted by or on behalf of a person under disability.

(2)  Subject to subrule (3) , any money paid to the Public Trustee under this rule in respect of a person under disability is, subject to any direction of the Court or a judge, to be held in trust and applied by the Public Trustee in any manner the Public Trustee thinks fit for the maintenance and education or otherwise for the benefit of that person.

(3)  [Rule 300 Subrule (3) amended by S.R. 2002, No. 80, Applied:10 Jul 2002] If the Public Trustee is the administrator of the estate of a person under disability, any money paid to the Public Trustee under this rule in respect of that person is, subject to any direction of the Court or a judge, to be dealt with in any manner in which the Public Trustee is authorised or required to deal with the property of that person under the Guardianship and Administration Act 1995 .

(4)  If the Public Trustee holds any money in trust under subrule (2) , the Public Trustee may at any time ask the Court or a judge –

(a) for directions as to the trust or its administration; or

(b) to vary any directions already given in relation to the trust; or

(c) to determine any question arising in relation to the trust.

(5)  The Court or a judge may give any directions or determination it considers appropriate.