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Briefed: Commercial Law Updates

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Briefed: Commercial Law Updates

Trustees’ Indemnities and Fiduciary Obligations

February 19, 2025 • Level Twenty Seven Chambers

Trustees’ Indemnities and Fiduciary Obligations, presented by Paul McQuade KC and Lauren Gamble.

The High Court of Australia appeal in Naaman v Jaken Properties Pty Ltd raises the question whether a successor trustee owes a ‘fiduciary obligation’ to a former trustee to preserve the former trustee’s right of indemnity.

Following last years presentation “Succession of Trustees: am I still indemnified?”, this seminar will involve a detached examination of today’s High Court decision, including:

Overview of the proceedings
What the High Court determined and why
The High Court’s description as to a trustee’s right of indemnity
What is the practical impact of the decision

The session will interest commercial advisory and litigation lawyers, and insolvency practitioners.

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