Transfer of Land Act allows minor to hold land in some cases, but not sell it
In a case where a plaintiff sought the sale of land held by his minor daughter and the reinvestment of the sale proceeds, Western Australia’s Supreme Court granted an application under s 82 of the Trustees Act 1962 (WA).
In Pollock -v- Pollock [2026] WASC 9, the issue was the proper procedure and the appropriate form of the originating application for a proceeding under s 82 seeking to appoint a person to sell a minor’s property.
The Transfer of Land Act 1893 (WA) allowed a minor to hold land and serve as its registered proprietor, as long as the title noted their age. However, the legislation did not permit a minor to sell land.
Section 82 of the Trustees Act required a person’s appointment for the sale of the land for the realisation of the land’s value for the minor’s benefit.
In the present case, somebody purchased land for a child as an investment. As it turned out, the investment was not wise. The smart move would be to sell the land and reinvest the money in a better area.
The minor’s father, as the plaintiff in this case, brought an application under s 82 by way of originating summons. The minor’s mother, as guardian ad litem, was the defendant in this case.
The Supreme Court of Western Australia granted the application under s 82 of the Trustees Act upon making orders regularising the commencement of the application.
The court noted that:
In this case, the court acknowledged that the minor’s father had an understandable emotional interest in the matter. However, the court pointed out that he had no interest in the land or the outcome of the application beyond his natural desire to care for his child.
Thus, the court ruled that the applicant, who should have been the minor by her guardian ad litem, should have brought the application under s 82 by way of an ex parte originating motion.
The court noted that there were very few previous applications commenced under s 82. The court referred to two such applications. The applicant in the first brought it by an originating motion, while the applicant in the second filed it by originating summons.
