Trustee Companies Act 1953
18JEmployment of Australian legal practitioner by trustee company
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18J Employment of Australian legal practitioner by trustee company
[Section 18J Inserted by No. 64 of 1985, s. 14 ]
(1) [Section 18J Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] Where–
(a) [Section 18J Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] by a will, deed, or other instrument in writing, a trustee company or any other trustee appointed by the will, deed, or instrument, is directed to employ an Australian legal practitioner who is named in that will, deed, or instrument to conduct the legal or professional business associated with the administration or management of the trust estate referred to in that will, deed, or instrument; or
(b) [Section 18J Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] a trustee company, before the administration or management of any trust or estate is transferred or committed to it, agrees with an Australian legal practitioner to employ him in or about the legal or professional business associated with the administration or management of that trust estate–
the trustee company shall employ that Australian legal practitioner accordingly.
(2) [Section 18J Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 18J Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] Where an Australian legal practitioner is employed by a trustee company pursuant to subsection (1) , he shall be deemed to be the Australian legal practitioner of the company in the legal or professional business to which that subsection relates, and shall not be removed except by order of the Court under subsection (3) .
(3) [Section 18J Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] Upon the application of a trustee company or of a person who has an interest in a trust estate to which relates, the Court, on such cause being shown as the Court may think sufficient, may order the removal of an Australian legal practitioner who is employed by the company pursuant to that subsection, and may appoint another Australian legal practitioner to act as the Australian legal practitioner of the company for the purposes of that trust estate.