New South Wales Consolidated Acts

NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 54

54 Declaration and order where person missing

(cf PE Act, s 21C)

(1) The Supreme Court may--

(a) declare that a person is a missing person and order that the estate of the person (or any part of it) be subject to management under this Act, and

(b) by order appoint a suitable person as manager of the estate of the person or commit the management of the estate of the person to the NSW Trustee.

(2) A declaration and order may be made for the estate of a person under this section only if the Supreme Court is satisfied that--

(a) the person is a missing person, and

(b) it is not known whether the person is alive, and

(c) all reasonable efforts have been made to locate the person, and

(d) the person's usual place of residence is in this State, and

(e) persons residing at the place where the person was last known to reside, or relatives or friends, with whom the person would be likely to communicate, have not heard from, or of, the person for at least 90 days, and

(f) it is in the best interests of the person to do so.

(3) An application for a declaration and order under this section in relation to a person may be made by any of the following persons--

(a) the spouse or de facto partner of the person,

(b) a relative of the person,

(c) a business partner or employee of the person,

(d) the Attorney General,

(e) the NSW Trustee,

(f) any other person who has an interest in the estate of the person.

Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

(4) On the hearing of an application for the purposes of this section, evidence may be given to the Supreme Court in such form and in accordance with such procedures as the Court thinks fit.