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Published by Andrew Lacey
Jul 26, 2019 in Insolvency

The High Court weighs in: A corporate trustee’s right of indemnity from trust assets is found to be ‘property of the company’

On 19 June 2019, the much-anticipated High Court appeal in the matter of Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 (also known as the "Amerind appeal") was handed down. The decision resolves a long line of competing authorities which debate the nature of a corporate trustee's right of indemnity from trust assets, and whether those assets, when the corporate trustee becomes insolvent, are available to...
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