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
10 Pages Posted: 30 Aug 2019
Date Written: 2018
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  FCAFC 40 and Commonwealth of Australia v Byrnes  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: Suggested Citation