In light of the High Court decision in Carter Holt Harvey Wood Products Australia Pty Ltd v Commonwealth  HCA 20 (“Re Amerind“), barristers Paul McQuade QC, Mark Eade and Sean Russell hosted a seminar covering the following issues:
- the trustee’s right of indemnity – what it is and how it operates;
- can trust assets be realised, and if so how;
- the impact of the decision on ss 433, 443D, 443E and 561 of the Corporations Act 2001 (Cth);
- how are realised trust assets to be applied and distributed, including resolution of the disparity between the Re Enhill and Re Suco Gold decisions;
- what issues remain unresolved.
A summary of the seminar was written by the speakers in this article.