Scribd
Upload
808 views1 page

Trusts Flowchart - Victorian Property Law

This document outlines different types of trusts that may arise in property law. It begins by discussing requirements for express trusts under the Property Law Act, then examines how resulting trusts and constructive trusts can be established. Specifically, it notes constructive trusts can arise from a specifically enforceable contract, common intention, or unconscionability. Finally, it discusses how estoppel principles may also be used to establish an equitable interest in a property where one party detrimentally relied on the other's representation.

Uploaded by

Luke McMahon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
808 views1 page

Trusts Flowchart - Victorian Property Law

This document outlines different types of trusts that may arise in property law. It begins by discussing requirements for express trusts under the Property Law Act, then examines how resulting trusts and constructive trusts can be established. Specifically, it notes constructive trusts can arise from a specifically enforceable contract, common intention, or unconscionability. Finally, it discusses how estoppel principles may also be used to establish an equitable interest in a property where one party detrimentally relied on the other's representation.

Uploaded by

Luke McMahon
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

TRUSTS FLOW CHART

1.

ET? s.53(1)(b) PLA must be in writing, signed by Trustee. Must be a clear intention to create a trust. NB: s.53(2) PLA: RTs and CTS do not have to be in writing

2.

RT? Did one party acquire property at the others expense? There must have been a direct financial contribution to the purchase of the property (Calverley v Green); Does the presumption of advancement apply?; OR Is there a contrary intention

3. CT? There are 4 possible types (i) CT from specifically enforceable contract (specific performance) (ii) Common intention CT (iii) Unconscionability CT

(i) Specific performance 1. Contract needs to have been valid and enforceable: a. Be in writing (s53(1) PLA); b. There is sufficient writing (ANZ v Windin): i. The relevant piece of land; ii. The parties who are part of the contract; iii. The relevant amount; and iv. It must be signed by the parties 2. The contract must have been breach (and unenforceable); and 3. There must be no bar to remedy

(i) Common intention CT? Did the parties have a common intention about the beneficial ownership of the property (Rasmussen); and The party claiming the beneficial interest acted to their detriment on the basis of the common intention (Rasmussen; Ogilive); and It would be unconscionable for the legal title holder to deny the interest (Ogilvie) Was there a reasonable expectation?

(ii) Unconscionability CT? 1. Is there a joint venture or polling of resources (Baumgartner); 2. The contributions must be made for the purpose of the joint venture; 3. The property was acquired for the purposes of the joint venture; and 4. It would be unconscionable for the legal owner to deny the beneficial interest of the other party May be difficult to establish if only non-financial contributions made

Is there an oral contract? Part Performance 1. Oral agreement or insufficient writing (ANZ v Windin); 2. Acts done in part performance must be in reliance of the contract or consistent with the contract or on encouragement of the grantor; 3. Unequivocal acts performed for the purpose of carrying out the agreement (Ogilvie); and 4. Other than the writing requirement the agreement is capable of specific performance (Mason v Clarke)

4.

Estoppel Did other party make a representation on which claimant relied to her detriment? Failure to inform claimant of situation where other person knows or ought to know there is reliance is enough (Waltons Stores) Object: to heal detriment, not to make good representation (Verwayen) Court should award minimum equity to do justice (Giumelli)

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy