PROPERTY LAW ACT 1958 - SECT 231 VCAT may order appointment of trustees

PROPERTY LAW ACT 1958 - SECT 231

    (1)     In any proceeding under this Division, if VCAT thinks that the appointment or removal of trustees is necessary or desirable, it may order—

        (a)     the appointment of trustees; or

        (b)     the removal of trustees.

    (2)     In an order appointing trustees for the purposes of the sale of land or goods, VCAT may—

        (a)     direct the trustees as to the terms and conditions on which any sale is to be carried out;

        (b)     direct the distribution of any proceeds of the sale in any manner specified by VCAT.

    (3)     In an order appointing trustees for the purposes of a physical division of land or goods, VCAT may direct the trustees as to the manner in which the division is to be carried out.

    (4)     An order under this section may provide for the remuneration of the trustees appointed under the order and—

        (a)     if trustees are appointed for the purposes referred to in subsection (2), the order may provide that the remuneration of the trustees be paid from the proceeds of sale; and

        (b)     if the trustees are appointed for the purposes referred to in subsection (3), the order may provide that the remuneration of the trustees be paid by such parties to the proceeding as VCAT considers just and fair in the circumstances.

Note

See also the Trustee Act 1958 .

S. 232 substituted by No. 71/2005 s. 5.