Brisbane Forum: Insolvent Trading Trusts

Insolvent Trading Trusts: clarification post Re Amerind

For a number of decades, there has been uncertainty in the treatment of a trustee's 'right of indemnity' upon the occurrence of an insolvency event. In Carter Holt Harvey Woodproducts Australia Pty Ltd v Commonwealth [2019] HCA 20, the high court provided welcome clarification as to the nature of a trustee's right of indemnity, and its effect upon the distribution of a company's property to its creditors in insolvency.

Join Barristers Mark Eade and Sean Russell, who will explore the following matters in light of the High Court's decision:

  • a trustee's right of indemnity - what it is and how it operates
  • how trust assets are to be applied and distributed in insolvency (both company and personal insolvencies)
  • the disparity between the decisions of Re Enhill Pty Ltd and Re Suco Gold Pty Ltd
  • what issues remain unresolved


Wednesday 21 August  


Registration and lunch from 12.30 pm; presentation 12.45 - 1.45 pm  


McCullough Robertson, Level 11, 66 Eagle St, Brisbane (map)


$60 member, $75 non-member (GST inc.)  


1 point 

Thank you to our 2019 Series host:

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21/08/2019 12:30 PM - 1:45 PM

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