DISPUTE RESOLUTION

A Statutory Trustee can be appointed by the Court on the application of a co-owner of real property, in NSW this occurs most commonly pursuant to section 66G of the Conveyancing Act 1919, but also under various other legislative provisions. Statutory Trusteeships usually occur where there is a dispute between the co-owners as to the whether or not a property should be sold. A Statutory Trustee, once appointed, has the power to sell the property and distribute the proceeds of sale.

At O’Brien Palmer, we have extensive experience in acting in this capacity. Contact us to see if we can assist you in circumstances where you are involved in a dispute in relation to real property.

There are many benefits to seeking the appointment of an expert administrator by the Court in order to manage the affairs of a deceased estate, especially in circumstances where;

(i) the financial affairs of the deceased were complex,

(ii) where there is a dispute between the executor/executrix and beneficiaries of the estate and/or any claimants pursuant to the Family Provisions Act 1982;

(iii) where the estate may in fact be insolvent, or is likely to become so.

Executors who breach their duties may find themselves personally exposed should they inadvertently breach the complex legislation surrounding the administration of deceased estates, or find themselves embroiled in lengthy and costly litigation.

If you are involved in such a matter, you should contact us to determine whether our expertise can assist you in expeditiously resolving such matters.

At O’Brien Palmer, the qualifications and experience of our senior practitioners in insolvency, business recovery and related matters enables us to prepare expert reports in our fields of expertise. In particular, we can prepare reports on the solvency of a company capable of being tendered in court, and are willing to support such reports through the provision of expert testimony should such be required.

We also have experience in analysing financial accounts in order to summarise the financial positions of parties to litigation or other legal matters. If you have need of an expert report, please contact us for an obligation free assessment of the circumstances of your matter.