The court can appoint a trustee for sale for property owners who cannot agree about whether or how to sell a property.
The trustee can be appointed under either section 38 of the Property Law Act (Qld) by Queensland State courts or by the Family or Federal Circuit Courts under the Family Law Act.
When should you appoint a trustee?
A trustee for sale should be appointed where:
- The owners cannot agree about whether to sell or how to sell a property. The property is not limited to land and can include chattels.
- A party who has been ordered to sell a property has not complied with the court order and an independent person is needed to sell the property for them.
- There is special complexity to the property that requires an independent trustee to sell it.
What to do if you need a trustee?
Contact us and we will discuss with you whether the appointment of a trustee is the right remedy in the matter.
If it is, we will provied our consent to the appointment and a workable draft set of orders. [It is best to consult with us first about the terms of the orders before they are made. The use of an inappropriate precedent may only add to costs without an effective appointment.]