Session Catalogue


Re Amerind


In this CPD, counsel for four of the five parties to the action in Re Amerind discuss the persistent question in insolvency law of “to whom does the liquidator of a trading trust distribute property realised in that liquidation?”, and Justice Robson’s comprehensive discussion on the topic and the Suco Gold/Enhill treatment.


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Full Description

The liquidation of companies which trade via trusts is an everyday event. In Re Amerind, the Supreme Court of Victoria has determined that assets of those trusts must be distributed differently to the assets of an ordinary company in liquidation. The decision also dealt with other important issues concerning the interaction of the Corporations Act and the Personal Property Securities Act. The decision is of profound importance to liquidators and creditors of insolvent companies, and those who act for them. In this seminar, counsel who argued Re Amerind will discuss the decision, explaining its rationale and some of its implications.


The following individuals appear in this session. You can click through to view their profile or to browse the other sessions they have participated in.