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 …