2018 – Case reviews


Commonwealth v Byrnes and Hewitt as receivers and managers of Amerind Pty Ltd (receivers and managers appointed)(in liq) [2018] VSCA 41 – trading trusts, trustees’ right of indemnity – property of the trustee, statutory scheme of priority applies on receivership of the trustee, ss 433, 556 and 560 of the Corporations Act, employee entitlements protected, question of whether the trustee’s right of indemnity requires trust assets only to be applied to pay trust debts, or whether they may also be applied to non-trust debts, Re Enhill to be applied by trial judges in Victoria pending further appeal decisions