Insolvency of trading trusts – Keay comments

Our 10th edition of Keay’s Insolvency was published in 2018 just after the Victorian Court of Appeal decision in Amerind, and that decision was included in our detailed analysis of the issues involved. We explain the High Court appeal decision, with more commentary to be issued in forthcoming draft updates to Keay.  The High Court […]

Amerind – special leave granted

The story goes that a Supreme or Federal Court that convenes a larger bench than usual to hear a matter of importance is like a red rag to a bull when it comes to the High Court deciding whether the grant special leave to appeal from that decision. Whether that be the case or not, […]

Trust law reform – continued

As much as the issues raised in the decisions in both Amerind (Victorian Court of Appeal) and Killarnee (Federal Court) are important, and have created much legal commentary, and on-going, they leave me legally cold. I’ll leave the debates to others but my point is that law reform is needed. The law of trusts itself […]

The reform of the intersection of trust and insolvency law – Killarnee

Once the trustee and insolvency lawyers have explained the law about the insolvency of trading trusts in the decision in Killarnee, [2018] FCAFC 40, there should be some attention given to the law reform comments of Justice Kathleen Farrell. Justice Farrell refers to one of the questions in the appeal as being the “subject of […]