Questioning the mistaken payment constructive trust : delivered at the STEP South Australia 2022 annual trust symposium / Judge Bernard Porter QC.
Available online
Holdings
Loading holdings...
Record details
Publication details:
South Australia : Supreme Court of Queensland Library, 2022
Record id:
201000
Author:
Subject:
Constructive trusts -- Australia.
Speeches, addresses, etc -- Queensland.
Contents:
1. Introduction
2. The constructive trust: general principles
Definition
The constructive trust is a trust
Proprietary and personal remedies
Institutional and remedial constructive trusts
The place of discretion in constructive trusts in Australia
The categories of constructive trusts
3. Categories of constructive trust
Breach of trust and fiduciary duty
Secret profits and bribes
Accessory liability claims
Other categories
Theft, fraud and the constructive trust
4. Restitution and the constructive trust
Introduction to the law of restitution
Restitution and constructive trusts
The emergence of the Wambo constructive trust
The Wambo constructive trust
Subsquent consideration
5. Arguments against the Wambo constructive trust
The common law provides
Risk of inconsistent liability
The solvent defendant
The insolvent defendant
The answer does not lie in discretion
Avoiding limitation periods
Inconsistency with unilateral mistake in contract?
Conclusion
6. The Wambo principle remains an open question
The High Court
Intermediate Courts of Appeal
7. Conclusion.
Note:
Includes bibliographical references.
Open access
His Honour Judge Bernard Porter QC, 'Questioning the mistaken payment constructive trust' - paper delivered at the STEP South Australia 2022 Annual Trust Symposium, 11 March 2022.
Phys. description:
1 online resource (50 pages) : PDF