Trustee for sale appointments under section 66G

When the NSW Supreme Court orders the sale of co-owned property under section 66G of the Conveyancing Act 1919, it appoints trustees and vests the property in them on the statutory trust for sale. The trustees take control of the property, sell it, pay the costs and expenses, and hold the net proceeds for the co-owners under the court’s orders. Greengate Advisory acts as an independent trustee for sale, and lawyers acting for co-owners can nominate us.

What a trustee for sale does

Sections 66F to 66I of the Conveyancing Act set out the trust. In summary, trustees for sale:

• Sell the property and hold the net proceeds after paying the costs and expenses of sale.
• Manage the property until it is sold. Any income is held after paying costs, expenses and outgoings, including rates, taxes, insurance and repairs.
• Consult the co-owners. So far as practicable, the trustees must consult the adult co-owners entitled to the income of the property and give effect to their wishes, so far as consistent with the general interest of the trust. If they disagree, the trustees follow the majority by value of their interests.
• Deal with a co-owner who wants to buy. The court can allow a co-owner to buy the property from the trustees, at auction or otherwise, on terms it considers reasonable, including setting off the purchase price against that co-owner’s share. A co-owner with a right to buy cannot act as a trustee for the sale without the court’s leave.

The property vests in the trustees subject to encumbrances over the whole property, such as a mortgage over the entire title, but free from encumbrances over only one co-owner’s undivided share.

Who can be appointed

Where the property is held at law by the co-owners, the court may appoint a trust corporation, alone or with one or two individuals, or two to four individuals, whether or not they are co-owners. Where the co-owners do not trust each other to run the sale, an independent professional trustee removes that argument. Professionals are appointed in this role: in Albarran v Eaton Investments (Aust) Pty Ltd [2026] NSWSC 194, receivers of one co-owner’s property were appointed as trustees for sale, and the court saw no conflict in a receiver also acting in that role.

Greengate Advisory works under official appointments as registered liquidators and has acted as trustee of a statutory trust. We are used to court orders, fiduciary duties and parties who disagree, which is what a contested sale involves.

What the work involves in practice

A trustee’s job is straightforward when the co-owners co-operate. When one does not, the work grows. In Jacobsen v Spoljaric [2025] NSWSC 842 (22 July 2025), the trustees had to:

• seek a writ of possession after the occupying co-owner did not give vacant possession by the date ordered
• apply to NCAT for orders allowing them to deal with and sell belongings he left at the property
• deal with a caveat his former lawyer had placed on the title
• remit $60,750 to the ATO for foreign resident capital gains withholding, because he did not engage with the sale and no withholding certificate was provided.

The court deducted the withholding amount from his share and charged a significant part of the trustees’ costs, including the costs of obtaining vacant possession, against his share of the proceeds rather than the shared fund.

The usual steps

1. Nomination and consent. The applicant’s lawyer nominates trustees, who give written consent to act and set out the proposed basis of remuneration.
2. Orders. The court appoints the trustees and vests the property in them. Orders may also deal with vacant possession, whether a co-owner may buy, and what happens to the proceeds.
3. Take control. The trustees secure the property, confirm insurance, and obtain title, mortgage and rates information.
4. Sell. The trustees appoint an agent and sell, consulting the co-owners as section 66H requires.
5. Settle and pay out. The mortgage and sale costs are paid on settlement. The trustees then pay costs and distribute the balance, or pay it into court, as the orders direct. In Vo v Nguyen [2026] NSWSC 692, for example, the net proceeds were ordered to be paid into court because the parties were likely to dispute their contributions.

Trustees’ fees

Trustees for sale, like other trustees, are not automatically entitled to be paid for their time. Remuneration needs the agreement of all the beneficiaries, someone agreeing to pay it from their own money, or the court’s authorisation (Anson v Anson [2004] NSWSC 766 at [75], applied in Jacobsen v Spoljaric). The court can authorise remuneration for past and future work, and pays it from the trust property as an expense of the trust.

Because of this, the best time to deal with fees is when the trustees are appointed. The application should include evidence of the proposed basis of charging and why it is reasonable, and the other co-owner should be told, so they can propose alternative trustees if they wish. When we consent to act, we set out our basis of charging in writing for that purpose.

For lawyers: nominating Greengate

Before we consent to act we need the parties’ names, the property address and title reference, a copy of the summons or proposed orders, and details of any mortgage, caveats and occupants, so we can check for conflicts. We then provide a consent to act and a statement of our proposed remuneration for the application. Contact us to discuss a matter.

Related guides

• Jointly owned property disputes: forcing a sale in NSW
• Buying out a co-owner in NSW
• Occupation fees and credits when one co-owner lives in the property
• Joint tenants vs tenants in common in NSW
• Bankruptcy and jointly owned property

Common questions

What is a trustee for sale?

A person or trust corporation appointed by the court under section 66G of the Conveyancing Act 1919 (NSW). The co-owned property vests in the trustees, who sell it and hold the net proceeds for the co-owners under the court’s orders.

Who can be appointed as trustee for sale?

The court may appoint a trust corporation, alone or with one or two individuals, or two to four individuals, whether or not they are co-owners. A co-owner who has a right to buy the property cannot act as trustee for the sale without the court’s leave.

Does the trustee for sale have to consult the co-owners?

Yes, so far as practicable. Section 66H requires the trustees to consult the adult co-owners entitled to the income of the property and give effect to their wishes, or the majority by value, so far as consistent with the general interest of the trust.

How are trustees for sale paid?

Trustees are not automatically entitled to remuneration. It needs the agreement of all beneficiaries, someone agreeing to pay, or the court’s authorisation, which is best sought with evidence of the proposed basis of charging when the trustees are appointed.

Can a co-owner buy the property from the trustees?

Yes, if the court allows it. Under section 66I the court can allow a co-owner to buy, at auction or otherwise, on terms it considers reasonable, including setting off the price against that co-owner’s share.

Sources: Conveyancing Act 1919 (NSW), sections 66F–66I; Jacobsen v Spoljaric [2025] NSWSC 842; Albarran v Eaton Investments (Aust) Pty Ltd [2026] NSWSC 194; Vo v Nguyen [2026] NSWSC 692. This page is general information, not legal advice about your circumstances. Last reviewed: 16 October 2026.