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Published by Andrew Lacey
Apr 4, 2018 in Insolvency

Insolvent Trading Trusts: You can go your own way.

SUMMARYIn this article, we consider a number of recent authorities on whether an insolvent trustee company’s right of indemnity in trust assets is property of the company for the purposes of the Corporations Act 2001 (Cth), and the application of statutory priorities in the winding up of insolvent trading trusts. These authorities provide some clarification on the legal position for insolvency practitioners, but to ensure a consistent and...
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