What is a trustee for sale and when do you need one?

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.]

Our Recent News

Family Law Retreat 2019

June 27, 2019

We were pleased to sponsor a plenary session at this year’s Family Law Retreat held at Noosa in June. Deputy Chief Justice of the Family Court, the Honourable Robert McLelland and Sydney Senior Counsel, Mr Michael Kearney SC gave interesting presentations on the topic “No Starting Point of Equality: True or False?”

What is a trustee for sale and when do you need one?

April 29, 2019

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.

About Shearer Doyle Law

Shearer Doyle Law is a law practice in Brisbane. Bruce Doyle and Elizabeth Shearer established Shearer Doyle Pty Ltd in 2013 to provide practical, individually tailored solutions for people with legal problems.

We act for clients directly, but we also act as independent experts retained to resolve part of a case. This may be alongside the Court Process or instead of going to Court.