QSAS Insights and Updates
A Pragmatic but Risk‑Exposed Approach: Sale of Property Without Appointing a Statutory Trustee
The District Court of QLD ordered the sale of a jointly owned residential property under the new Section 33 of the Property Law Act 2023. The order adopted a streamlined, agent‑driven process rather than appointing a statutory trustee for sale. While the orders appear to be effective in compelling a sale, it left the disputing co‑owners in practical control of key steps. Additionally, it raised potential exposure by both parties, particularly the Applicant, to several practical and legal risks.
Modernising Co-Ownership Disputes in Queensland
Statutory Trustee Appointments under the Property Law Act 2023
The 2023 Act commenced operation on 1 August 2025 and represents a comprehensive change to property laws in Queensland replacing the …
New Property Law Legislation- To be Confirmed
In this article we explore the new Property Law Act 2023 and the changes in relation to the appointment of Statutory Trustees as compared against Section 38 of the Property Law Act 1974 (Qld) …
Court Orders and Complications
If property disputes reach a stage whereby one party applies to a Court for the appointment of statutory trustees, then the specific orders sought and made, are of critical importance …
Resolving Deceased Estate Law Property Disputes
In this article we explore how the appointment of a statutory trustee interacts with deceased estates and disputes between beneficiaries of an estate holding real property …
Resolving Family Law Property Disputes
In this article, we explore how the appointment of a statutory trustee interacts with family law property disputes. Disputes often arise during property settlements between separated couples and a Statutory Trustee is a person or persons appointed by the Court …