The Official Solicitor charges the following fees for legal work performed for Queensland Public Trustee. All fees below are exclusive of GST and outlays except where otherwise stated.
Real property transactions for estates under Administration
Preparing or reviewing a contract
Work type | House / vacant land | Group title |
|---|---|---|
Standard sale or purchase | $300 | $355 |
Review of standard sale or purchase* | $100 | $100 |
*This fee is currently under review. There is no fee differentiation between group title or residential land contracts.
Acting for a seller
Work type | House / vacant land | Home Unit |
|---|---|---|
Standard conveyance | $545 | $595 |
Termination of the contract pursuant to a "condition subsequent" in a straightforward conveyance | Not more than the standard conveyancing fee above | |
Acting for a buyer
Work type | House / vacant land | Home Unit |
|---|---|---|
Straightforward conveyance | $795 | $875 |
Non-standard conveyance Including negotiating extensions of dates, reductions of the purchase price or other amendments to the contract after the contract date, or work in connection with an alleged or anticipated breach of the contract. | Standard conveyancing fee + a fee calculated using the hourly rates below | |
Termination of the contract pursuant to a "condition subsequent" in a straightforward conveyance | Not more than the standard conveyancing fee above | |
Preparation of a Deed of Rescission | $500 | |
Acting in relation to a contract for a manufactured home
A fee calculated using the hourly rates below.
Acting in relation to a renewal/extension of Lease
Work type | Fee |
|---|---|
Straightforward | $550 |
Non-straightforward Including extensive drafting of new lease clauses or amendments to the existing lease | $550 + a fee calculated using the hourly rates below |
All other real property matters
A fee calculated using the hourly rates below.
Private Probate Work
| Type of grant (the Public Trustee's Private Probate Agreements have more information on these different types of grants) | Fees and outlays |
|---|---|
| Standard application for probate fees (including GST) + standard outlays for probate (that is, Supreme Court Filing Fees, advertisement fees for both the notice of intention to apply for grant and the creditors' notice) + additional outlays if any | $2,258.00 |
| Standard application for Letters of Administration (including GST) + standard outlays for Letters of Administration (that is, Supreme Court Filing Fees, an advertisement fee for the Notice of intention to apply for grant, an advertisement fee for the creditors' notice) + additional outlays if any | $2,258.00 |
| Non-Standard application for Probate fees (including GST) + standard outlays for probate + additional outlays if any + an additional fee to be agreed for additional work calculated using the hourly rates below (where the work undertaken exceeds 3.5 hours) | $2258.00 |
| Non-Standard application for Letters of Administration fees (including GST) + standard outlays for Letters of Administration + additional outlays if any + an additional fee to be agreed for additional work calculated using the hourly rates below (where the work undertaken exceeds 3.5 hours) | $2258.00 |
Exercise of powers under the Public Trustee Act 1978
To apply for a sanction from Queensland Public Trustee, and not the Court, Queensland Public Trustee will charge a Sanction Fee.
The current fees for a sanction by Queensland Public Trustee under s 59 appear in schedule 14 of the Public Trustee (Fees and Charges Notice) (No. 1) 2021.
Type | Fee |
|---|---|
Granting a sanction under section 59 | |
Up to $1,500 $1,501 to $12,000 $12,001 to $50,000 Over $50,000 | $671.20 $1,108.50 $2,356.35 $2,740.25 |
Signing a memorandum or discharge of mortgage or executing a reconveyance and transfer of land under section 61 or 62 | Refer to the Public Trustee fees and charges notice |
Providing advice in relation to sections 61 or 62 | Fee calculated using the hourly rates below |
All other work
For all other legal work for an estate under administration, the Official Solicitor will charge a fee calculated using the following hourly rates.
Hourly rates
Position description | Level | Standard hourly rate | Hourly rate for special complex matters |
|---|---|---|---|
Official Solicitor to the Public Trustee | SO | $457.00 | $508.00 |
Managing Lawyer | PO6 | $414.00 | $468.00 |
Principal Lawyer | PO5 | $378.00 | $429.00 |
Senior Lawyer | PO4 | $351.00 | Same as standard hourly rate |
Lawyer | PO3 | $308.00 | Same as standard hourly rate |
Junior Lawyer | PO2 | $287.00 | Same as standard hourly rate |
Qualified Paralegal Officer | QA3 | $227.00 | Same as standard hourly rate |
Manager Legal Administrative Support Executive Assistant Senior Paralegal Paralegal Executive Secretary | AO5 to AO3 | $196.00 | Same as standard hourly rate |
Administrative Officer | AO2 | $186.00 | Same as standard hourly rate |
Notes
- The actual units of time charging is whole six-minute units. Where the time involved in an attendance is less than an exact multiple of six minutes, the actual time recorded is rounded up to the nearest multiple of six-minute units.
- A 'special complex matter' is a matter which, in the reasonable opinion of the Official Solicitor:
- is complex in nature
- involves difficult or novel questions
- requires the exercise of special skill and knowledge
- involves the examination or preparation of a high number of important documents regardless of length
- involves a significant amount or value of money or property
- must be carried out urgently or requires work to be carried out after the normal business hours of the Official Solicitor.
- The Official Solicitor does not charge for administrative work but does charge for paralegal work undertaken by administrative staff.
- The fees for legal services provided by the Official Solicitor must give a fair and reasonable level of remuneration for the service provided.
- Outlays (such as Court filing fees, Titles Office fees and search fees) are additional and charged at cost.