At Boss Lawyers, we recently assisted a client through a complex joint property ownership dispute that involved family members, emotional tension, and serious allegations—resulting in a complete breakdown of trust and communication.
While the matter began as an application to appoint a statutory trustee for sale under section 38 of the Property Law Act 1974 (Qld), it ultimately settled out of court, saving our client the time, cost, and stress of a contested hearing.
Background
Our client jointly owned a residential property in Queensland with a relative. Over time, disputes arose concerning:
- Financial contributions,
- Occupation and access rights, and
- Long-term intentions for the property.
Tensions escalated significantly. Allegations of financial misconduct and interpersonal conflict rendered informal negotiations unworkable.
Our Legal Strategy
We advised that under section 38 of the Property Law Act 1974 (Qld), any co-owner may apply to the Supreme Court for the appointment of a statutory trustee for sale. This legal mechanism empowers the Court to appoint an independent trustee to sell the property and distribute the proceeds between the co-owners.
We filed an Originating Application and supporting affidavit material in the Supreme Court of Queensland. While the application was legally robust, we deliberately drafted it with measured, non-inflammatory language—recognising that the filing itself might prompt resolution.
The Outcome
The application had its intended effect.
Upon being served, the other parties—faced with the prospect of a court-imposed sale—agreed to re-engage in negotiations. The parties reached a confidential settlement, which included:
- An agreed sale of the property on the open market,
- A defined process for distributing the net sale proceeds, and
- Mutually acceptable terms that avoided further litigation or reputational damage.
Importantly, the matter resolved before a statutory trustee was appointed, demonstrating how legal pressure, if applied correctly, can be used to prompt commercial resolution.
Legal Insight
Co-owners are not powerless when disputes arise. In Queensland, section 38 of the Property Law Act provides a clear pathway for relief when:
- A co-owner unreasonably refuses to sell,
- There is no formal agreement governing property use or sale, or
- Trust and communication have irretrievably broken down.
Even the threat of court intervention—when strategically deployed—can bring difficult parties to the table.
How Boss Lawyers Can Help
At Boss Lawyers, we specialise in co-ownership disputes, particularly where family relationships, inheritances, or informal arrangements have gone awry.
Whether through negotiated settlements or Supreme Court applications, we guide clients to practical, cost-effective outcomes that protect their financial and legal interests.
📞 Call (07) 3188 0200 to speak with a property dispute lawyer in Brisbane today.
