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Australia · Year 3 · Equity & Trusts

Leading Equity Cases

Constructive trusts and fiduciaries.

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  1. 1.Muschinski v Dodds (1985) — significance?

    The constructive trust is a remedy imposed where it would be unconscionable for a party to retain the benefit of property beyond their share after a joint endeavour fails.

    (1985) 160 CLR 583

  2. 2.Baumgartner v Baumgartner (1987) — held?

    Applied Muschinski to a de facto couple who pooled their earnings; the home was held on constructive trust in shares reflecting contributions.

    (1987) 164 CLR 137

  3. 3.Corin v Patton (1990) — held?

    A gift of Torrens land is complete in equity when the donor has done everything necessary to enable the donee to obtain registration without further assistance.

    (1990) 169 CLR 540

  4. 4.Hospital Products v United States Surgical Corp (1984) — significance?

    Leading authority on when a fiduciary relationship arises in a commercial context; no fiduciary relationship found on the facts.

    (1984) 156 CLR 41

  5. 5.Breen v Williams (1996) — held?

    Fiduciary duties in Australia are proscriptive (no conflict, no profit), not prescriptive; a patient had no fiduciary right of access to medical records.

    (1996) 186 CLR 71

  6. 6.Garcia v National Australia Bank (1998) — held?

    Affirmed the Yerkey v Jones principle: a wife who guarantees her husband's debts without understanding the transaction may have it set aside.

    (1998) 194 CLR 395