trusts
Boensch v Pascoe – High Court’s decision
The seven member bench of the High Court which heard Boensch v Pascoe on 11 October 2019 has unanimously dismissed …
A trustee’s interest in a bankrupt’s interest in trust property – Boensch v Pascoe
A seven member bench of the High Court was convened for the hearing in Boensch v Pascoe on 11 October …
Bankrupt trustees coming before the High Court
While the focus of the High Court’s trust law decision in Carter Holt[1] is in the context of corporate insolvency, …
Uniformity in corporate law – the High Court’s grant of special leave in Amerind
A comment in the Victorian Court of Appeal (VCA) decision in Amerind may not have found favour with Justice Gageler …
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 …
One ship has berthed – the insolvency and trust law decision in Amerind
The Victorian Court of Appeal has resolved, for the moment, the complex issue of how a corporate trustee’s right of …
Amerind and Killarnee – ships in convoy, or on a collision course?
Over 35 years ago, a Judge said that if a liquidator winding up a trustee company were to lose out …
Challenges to trusts by bankruptcy trustees – New Zealand law reform
A recent change to the New Zealand Insolvency Act 2006 (Schedule 1, new para (x)) has given power to the …
Liquidator’s remuneration approved, and power of sale confirmed
In yet another decision on remuneration, and the power of a liquidator to sell trust assets to recoup that remuneration, a …
Trusts and liquidators’ rights of indemnity – whose decision is “universally regarded as incorrect?”
In determining that liquidators had a right of indemnity, and priority, over trust property for payment of their remuneration and …
A lack of trust in the law of trusts
Joint liquidators had to apply to the court be appointed as receivers and managers of property held by them as …
