Appointments
Trustee for sale. Mediator. Queensland.
Kyle Kimball takes these appointments personally. K Advisory is the practice that serves it.
Trustee for sale
There are two routes to the appointment.
Family law. In the Federal Circuit and Family Court, a trustee is appointed to carry out a property settlement where a party will not sign, will not vacate, or will not cooperate in a sale. The power to appoint is section 80(1)(e) of the Family Law Act 1975 for married parties, and section 90SS(1)(f) for de facto parties, alongside the property orders made under sections 79 and 90SM.
Co-owned property. A court appoints a trustee when co-owners cannot agree to sell. In Queensland the application is made under section 33 of the Property Law Act 2023, and the order appointing the trustee under section 37. The 1974 Act was replaced on 1 August 2025.
The trustee takes control of the property, obtains valuations, appoints the agent, settles the method of sale, deals with occupancy, access, insurance and outgoings while the sale runs, and distributes the proceeds as the order directs. Where a co-owner is living in the property and will not cooperate, solving that is the trustee’s job and not the applicant’s. Reports go to the parties and to the Court as the order requires.
Appointments are also taken by agreement between the parties, without an application, where the owners want the sale run by someone outside the argument.
Mediation
Commercial disputes, partnership breakdowns and property matters. The parties keep their own lawyers and their own positions.
Independence
The appointee holds a fiduciary role, takes no side, holds no stake in the outcome, and gives no legal advice. Conflicts are checked before an appointment is accepted, and any prior connection with a party, a firm or an adviser is disclosed at the outset. Where a conflict cannot be managed, the appointment is declined.
Background
Thirty six years in commercial litigation. Co-founded and led a Queensland firm. High stakes commercial, insolvency and partnership breakdown matters. The work was to keep companies alive and deals intact when everything was on the line.
Remuneration
Where the Court fixes the basis, the order governs, capped, with further approval required to exceed the cap. Work taken outside an appointment is charged by phase and in advance.
Enquiries
Send a short outline: the parties, the asset or the dispute, the stage the matter has reached, and any date already fixed. You will get an answer on whether the appointment fits and whether there is a conflict.
Appointee profile. One page, for attaching to a brief or an application. Download the PDF