Recorded Webinar: Trust Me: Treatment of Corporate Trustees when Insolvency Strikes

While the trading trust with a trustee company has been around in Australia for years, the treatment of corporate trustees in the insolvency context remains relatively uncertain. The current review of corporate insolvency laws has flagged trusts with corporate trustees as an area in need of specific attention and the area has received increased judicial attention in recent years. This session will further your understanding of:

• The issues that have arisen regarding corporate trustees in the insolvency context in recent cases, including the High Court decision in Carter Holt Woodproducts Australia
• The uniqueness of the Australian position at law compared to other jurisdictions including the United Kingdom and whether lessons can be drawn from overseas jurisdictions as to the structure of a new statutory regime
• The available legal options to claim against corporate trustees (i.e. breach of Corporations Act as opposed to breach of trust);
• How your choice of claim affects the available remedies and potential assets available, including the inconsistent approach between Australian states as to whether trust assets extend to the affairs of the company
• The challenging issues arising from arguing claims of breach of trust involving self-managed superannuation funds