Trustees' Rights of Indemnity, Insolvency and Statutory Distributions to Preferred Creditors

M. Leeming, "Trustees' Rights of Indemnity, Insolvency and Statutory Distributions to Preferred Creditors" (2018) 92 ALJ 503-508

Sydney Law School Research Paper No. #19/53

10 Pages Posted: 30 Aug 2019

See all articles by Mark Leeming

Mark Leeming

The University of Sydney Law School

Date Written: 2018

Abstract

What is the nature of a trustee's right of indemnity, and, in particular, if the trustee of a trading trust is wound up, how does it interact with the Australian statutory scheme for distribution to creditors? Two Australian intermediate courts delivered substantial judgments addressing these questions in 2018: Jones v Matrix Partners Pty Ltd [2018] FCAFC 40 and Commonwealth of Australia v Byrnes [2018] VSCA 41. This casenote summarises those decisions.

Keywords: Trustee's right of indemnity, insolvency, preferred creditors, Re Enhill Pty Ltd, In Re Suco Gold Pty Ltd

JEL Classification: K10, K30

Suggested Citation

Leeming, Mark, Trustees' Rights of Indemnity, Insolvency and Statutory Distributions to Preferred Creditors (2018). M. Leeming, "Trustees' Rights of Indemnity, Insolvency and Statutory Distributions to Preferred Creditors" (2018) 92 ALJ 503-508; Sydney Law School Research Paper No. #19/53. Available at SSRN: https://ssrn.com/abstract=3444737

Mark Leeming (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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