sec.37Order appointing trustee

### sec.37 Order appointing trustee In the proceeding, if the court considers the appointment of a trustee for the sale or physical division of the property is necessary or desirable, the court may order— the appointment of a trustee; or the removal of a trustee. In an order appointing a trustee for the sale of the property, the court may make any order that the nature of the case requires, including, for example, any of the following orders— an order directing the trustee as to the terms and conditions on which the sale is to be carried out; an order directing the distribution of the proceeds of the sale in a way stated by the court; an order that the remuneration of the trustee be paid from the proceeds of the sale. In an order appointing a trustee for the physical division of the property, the court may make any order that the nature of the case requires, including, for example, any of the following orders— an order directing the trustee as to the way in which the division is to be carried out; an order that the remuneration of the trustee be paid by the parties to the proceeding. If the property is held by joint tenants, an order of the court appointing a trustee for the sale of the property does not of itself sever the joint tenancy. Subject to an order of the court, if the property is land held by co-owners, an order of the court appointing a trustee for the sale of the land converts the interest of each co-owner into an interest in the proceeds of the sale of the land. Subject to an order of the court, a trustee appointed by the court may pay the following amounts out of income generated by the property or the proceeds of the sale of the property— costs, expenses and other outgoings relating to the property; costs and expenses relating to the sale of the property. (sec.37-ssec.1) In the proceeding, if the court considers the appointment of a trustee for the sale or physical division of the property is necessary or desirable, the court may order— the appointment of a trustee; or the removal of a trustee. (sec.37-ssec.2) In an order appointing a trustee for the sale of the property, the court may make any order that the nature of the case requires, including, for example, any of the following orders— an order directing the trustee as to the terms and conditions on which the sale is to be carried out; an order directing the distribution of the proceeds of the sale in a way stated by the court; an order that the remuneration of the trustee be paid from the proceeds of the sale. (sec.37-ssec.3) In an order appointing a trustee for the physical division of the property, the court may make any order that the nature of the case requires, including, for example, any of the following orders— an order directing the trustee as to the way in which the division is to be carried out; an order that the remuneration of the trustee be paid by the parties to the proceeding. (sec.37-ssec.4) If the property is held by joint tenants, an order of the court appointing a trustee for the sale of the property does not of itself sever the joint tenancy. (sec.37-ssec.5) Subject to an order of the court, if the property is land held by co-owners, an order of the court appointing a trustee for the sale of the land converts the interest of each co-owner into an interest in the proceeds of the sale of the land. (sec.37-ssec.6) Subject to an order of the court, a trustee appointed by the court may pay the following amounts out of income generated by the property or the proceeds of the sale of the property— costs, expenses and other outgoings relating to the property; costs and expenses relating to the sale of the property. - (a) the appointment of a trustee; or - (b) the removal of a trustee. - (a) an order directing the trustee as to the terms and conditions on which the sale is to be carried out; - (b) an order directing the distribution of the proceeds of the sale in a way stated by the court; - (c) an order that the remuneration of the trustee be paid from the proceeds of the sale. - (a) an order directing the trustee as to the way in which the division is to be carried out; - (b) an order that the remuneration of the trustee be paid by the parties to the proceeding. - (a) costs, expenses and other outgoings relating to the property; - (b) costs and expenses relating to the sale of the property.