Document ID: chunk:federal_register_of_legislation:C2025C00034:section:290
Version: federal_register_of_legislation:C2025C00034
Segment Type: section
Provision Reference: s 290
Character Range: 462704–464197

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.