Legal Project Management Plan & Checklist
Use this plan when your client is a co-owner of real property in New South Wales and cannot resolve a deadlock with the other co-owner about what to do with the property. Open this file when a voluntary sale or buy-out has been refused and court proceedings are required to force a sale. The plan is designed for NSW property litigators and equity solicitors acting for the applicant.
Jurisdiction: Supreme Court of New South Wales, Equity Division - Real Property List (RPL). The RPL sits weekly on Fridays commencing with a motions callover at 9:15 am and directions at 9:45 am. Consent orders must be submitted to the List Judge's associate by 12:00 noon on the Thursday before any Friday listing. Three forks exist: Contested Defence (Proprietary or Contractual Bar), for when the respondent raises a substantive legal or equitable bar to the sale; Unilateral Severance of Joint Tenancy, for when the property is held as a joint tenancy and the survivorship risk must be eliminated immediately; and Disputed Accounts (Registrar Inquiry under UCPR Part 49), for when the sale is not contested but the equitable contribution claims are disputed.
The Process at a Glance: The practitioner reviews the title and co-ownership structure, then issues a formal Letter of Demand proposing voluntary sale or buy-out and offering court-annexed Alternative Dispute Resolution - this offer is mandatory before filing. Independent statutory trustees are identified, and a Consent to Act and Affidavit of Fitness is obtained from each. Equitable contribution claims (disproportionate mortgage repayments, council rates, capital improvements, and occupation rent) are documented in a reconciliation schedule. A UCPR Form 4A Summons and Form 40 Affidavit are filed via the NSW Online Registry and personally served on the respondent. The respondent has 28 days to file a Notice of Appearance. The Real Property List manages case management, consent directions, and court-annexed mediation before a Supreme Court Registrar. If unresolved at mediation, the matter proceeds to a final hearing where the section 66G order is granted almost as of right. Once the order is made, the property is vested in the trustees, independently valued within 90 days, publicly auctioned, and the net proceeds distributed according to registered shares and equitable adjustments.
Use this fork when the respondent does not oppose the sale of the property but disputes the applicant's equitable contribution claims - such as disproportionate mortgage repayments, council and water rates, capital improvements, or occupation rent cross-claims. Open this fork when the List Judge grants the section 66G order and refers the unresolved accounts to a Registrar for an inquiry under UCPR Part 49. This fork runs concurrently with Stage 5 of the parent plan.
Use this fork immediately upon confirming from the title search that the co-owners hold the property as joint tenants rather than tenants in common. Open this fork before any other step in the parent plan is taken, as the survivorship risk must be eliminated without delay. If the applicant dies during the section 66G proceedings before a court order is made, the applicant's entire interest passes automatically to the surviving respondent.
Use this fork when the respondent files a Notice of Appearance and raises a substantive defence - specifically that appointing trustees for sale would be unconscionable or inconsistent with a proprietary right, an active contractual agreement prohibiting forced sale, an established estoppel, or a fiduciary obligation. Open this fork immediately upon receiving the respondent's defence documents, as the timeline for a contested matter extends significantly compared to the standard plan.
Key Legislation and Case Law: Conveyancing Act 1919 (NSW) s66G - the court's power to appoint statutory trustees for sale of co-owned land; granted almost as of right unless a genuine legal or equitable bar is established (Myers v Clark [2018] NSWSC 1029; Tory v Tory [2007] NSWSC 1078). s66G(3)(a) - the court must appoint either a trust corporation alone, or a trust corporation with one or more individuals, or two to four individuals. s66I - co-owners have the right to bid at the trustee's auction. Real Property Act 1900 (NSW) s97 - any joint tenant may unilaterally sever the joint tenancy without the other's consent by lodging a transfer with NSW LRS; see Fork 2. Civil Procedure Act 2005 (NSW) s26 - court-annexed ADR referral. Uniform Civil Procedure Rules 2005 (NSW) - Form 4A (Summons), Form 40 (Affidavit in support); Part 49 (Registrar inquiry for disputed accounts). Practice Note SC EQ 12 - governs the Real Property List including the Thursday 12:00 noon consent orders deadline; an ADR offer is mandatory before filing (paragraph 13(1)). Equitable accounting: Parkas v Shankar [2025] NSWSC 1140 - personal labour (sweat equity) is not recoverable; only capital expenditure that measurably increases market value is recoverable; contributions are net of the claimant's proportionate share. Maio v Sacco [2009] NSWSC 413 - the allowance for a co-owner's improvements or repairs is the lesser of the amount spent and the increase in value. Occupation rent is claimed at 50% of market rental value for the period of exclusive occupation. Trustee costs in practice are substantial for metropolitan residential property and come out of the sale proceeds before distribution.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Forced Sale - Section 66G (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Property Disputes cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Pre-filing obligations satisfied, trustees ready to be nominated, and contribution evidence assembled before the Summons is filed.
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Proceedings formally commenced, service effected, and the matter listed before the Real Property List for the first directions hearing.
Either a negotiated resolution achieved at mediation, or a final hearing date set with all evidence filed and the matter ready for determination.
Trustees formally appointed and holding legal title to the property. Trustee duties commence. 90-day valuation deadline triggered.
All proceeds distributed, equitable accounting finalised, trustees discharged, and matter file closed.