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.