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).

The new Act passed Parliament on 25 October 2023 and received Royal Assent on 2 November 2023 with the commitment date to be set by proclamation. At this stage commencement of the 2023 Act has been delayed.

Subdivision 2 (Section 33 to 40) of the 2023 Act deals with the sale and division of co-owned property including the appointment of a Statutory Trustee.

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.

In this article we explore how the specific orders made by a Court when appointing statutory trustees to sell real property can either simplify or greatly complicate the actual appointment processes and results.

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 for the purpose of facilitating the sale of real property where there is a dispute between one or more of the co-owners, to aid in the fair and equitable distribution of proceeds.