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)  EWCA Civ 347,  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?
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