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Task: Write a 1500 word essay that addresses the attached question. Essay must focus on Australian Courts’ approach to the constructive trust and analyse in what ways the Australian constructive trust...

Task:

Write a 1500 word essay that addresses the attached question. Essay must focus on Australian Courts’ approach to the constructive trust and analyse in what ways the Australian constructive trust demonstrates a doctrinal divergence from its English origin. Essay must provide a strong, thorough and clear explanation of the relevant legal principles and must show independent thought and thorough analysis.

Lord Neuberger MR observed in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd (in Admin) [2011] EWCA Civ 347, [37] cited in David Wright, ‘The persuasiveness of modern English decisions on Australian equity (Part I)’ XXXXXXXXXXAustralian Property Law Journal 1, 25;‬‬

‪“Whether a proprietary interest exists or not is a matter of property law, and is not a matter of discretion: … It follows that the courts of England and Wales do not recognise a remedial constructive trust as opposed to an institutional constructive trust.”‬‬‬‬‬
Critically analyse the Australian Courts’ approach to the constructive trust. In what respects does the Australian constructive trust demonstrate a doctrinal divergence from its English origin?



Oct 07, 2017
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