A practical mechanism to break deadlocks and achieve fair outcomes in co-owned property disputes.

When co-owners of property fall into dispute, conversations can drag on, emotions flare, and progress grinds to a halt. Section 66G of the Conveyancing Act 1919 (NSW) provides a decisive circuit breaker: the Court can appoint an independent trustee to take control, sell the property, and divide the proceeds fairly.

At Jones Partners, we’ve seen section 66G appointments cut through stalemates and deliver resolution where endless negotiations and mediation couldn’t.

What is a Section 66G appointment?

Section 66G appointments allow the Supreme Court of NSW to appoint a statutory trustee for the sale of property held in co-ownership. This step effectively removes the disputing parties from the process of managing or selling the property and places responsibility in the hands of an independent trustee. The trustee oversees the sale of the property and ensures that proceeds are distributed in line with each party’s legal entitlement.

Notably, there are virtually no defenses to an application for a section 66G appointment. Applicants can feel confident it will be successful.

Key insights

Breaking deadlock
Section 66G appointments provide a way forward when co-owners cannot agree on whether to sell, how to sell, or how to divide proceeds.

Impartial administration
A court-appointed trustee acts independently, ensuring that neither party has control over the process.

Efficient resolution
The appointment allows for a timely sale and fair distribution, often reducing the emotional and financial strain of ongoing disputes.

Court oversight
Because the process is court-supervised, parties can be confident in the fairness and transparency of outcomes.

Example

We recently assisted in a matter where two business partners, who jointly owned a commercial property, reached an impasse. One partner wished to retain the property, while the other wanted to sell and exit the arrangement. All attempts to mediate and negotiate had been exhausted.

By applying for a section 66G appointment, a statutory trustee was appointed to manage the sale. The property was sold at market value, and the proceeds were distributed according to each partner’s legal entitlement. This resolved the dispute efficiently and avoided costly, prolonged litigation.

The takeaway

Section 66G appointments are not about “winning” or “losing”; they are about unlocking disputes and ensuring fairness. For co-owners in conflict, this mechanism provides a clear, court-supervised pathway to resolution.

We are here to help

If one of your clients is stuck in a co-ownership dispute, we can assist by acting as an independent statutory trustee. Speak to our team in confidence to explore how a section 66G appointment may help achieve a fair outcome.

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