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.

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) …