Trustees' rights of indemnity / David Frydrych.

St. Leonards, N.S.W. : LexisNexis Australia, 2026.

1st edition

203079

Trusts and trustees -- Australia.

Indemnity -- Australia.

Civil law -- Australia.

1. Introduction: Key concepts and equitable entitlements

2. Rival conceptions of (private) express trusts

3. Commercial trusts

4. A trustee’s personal liability, creditors, and trustees in bankruptcy / liquidators

5. The trustee’s rights of indemnity

6. The trustee’s equitable lien

7. Subrogation

8. The American alternative

9. Carter Holt, Halabi and Jaken

10. Clarifying the rights and some suggested reforms

11. Conclusion.

This book delves into the evolving landscape of express trusts, challenging certain traditional doctrines, and offering a fresh framework for understanding trustees’ rights of indemnity, their equitable liens, and trust creditors’ right of subrogation. Indeed, it provides the most comprehensive analysis of the relevant equitable rights and concepts to date. Through a detailed analysis of recent pivotal cases including Carter Holt, Halabi, and Jaken, the book shows the evolution of those concepts. It additionally highlights the tensions between the equitable principles and statutory regimes, such that the indemnity rights against the trust estate have become multi-edged (not just double edged) swords. Features: Offers legal practitioners tools for thinking about how to design protective measures within trust instruments and ways to better advance their clients’ interests in litigation ; Provides important matters for judges to consider when deciding cases and reshaping this area of the law ; Also examines the key American trust law innovations as a comparison.​ - Publisher's website.

Includes bibliographical references and index.

9780409361254

xviii, 257 pages ; 24 cm