Common intention and unconscionability: A comparative study of English and Australian constructive trusts

Pawlowski, Mark and Grout, Nicola (2012) Common intention and unconscionability: A comparative study of English and Australian constructive trusts. Family Law Review, 2 (3). pp. 164-180. ISSN 1837-8757

Abstract

The aim of this article is to explain, review and critically analyse the English law relating to common intention constructive trusts in the context of the family home. In particular, it seeks to show how the English courts have addressed the question of establishing and quantifying the parties’ beneficial shares in both sole and joint ownership cases. The writers compare the English approach with the way in which such questions have been answered by the Australian courts. The primary purpose of this comparison is to highlight which aspects of the English approach need to be addressed and to consider what lessons may be learnt from the Australian model.

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