The Supreme Court of Victoria has recently considered whether trust property is subject to the priority regime provided for in section 556 of the Corporations Act 2001 (Cth) (the Australian equivalent of New Zealand's Schedule 7 of the Companies Act 1993). It also considered whether a trustee's right of indemnity is subject to the obligations of receivers under section 433 of that Act, to pay employee entitlements in priority out of assets subject to a circulating security interest.
Australia, Victoria, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Buddle Findlay, Debt, Corporations Act 2001 (Australia), Trustee, Victoria Supreme Court