Muschinski v Dodds
| Jurisdiction | Australia Federal only |
| Court | High Court |
| Neutral Citation | [1985] HCA 78,1985-1206 HCA B |
| Year | 1985 |
| Date | 1985 |
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455 cases
5 firm's commentaries
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Inside Track: Property & Real Estate - In the media, Published research, In practice and courts, recent Cases and Legislation
...intention implied from parties' actions – whether parties entered into a joint endeavour concerning properties – Muschinski v Dodds [1985] HCA 78; (1985) 160 CLR 583; Baumgartner v Baumgartner [1987] HCA 59; (1987) 164 CLR 137; Sivritas v Sivritas [2008] VSC 374; Australian Building & Techn......
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Inside track: Property & Real Estate - In the media and recent cases
...holds interest in the property on constructive trust for the plaintiff - 'Joint endeavour' constructive trusts - Muschinski v Dodds [1985] HCA 78; (1985) 160 CLR 583 - Australian Building & Technical Solutions Pty Ltd v Boumelhem [2009] NSWSC 460 - 'Common intention' constructive trusts......
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Inside track: Property & Real Estate: In the media, reports, cases and legislation
...trust in favour of the caveator - Sufficient basis for such a finding on an application for removal of the caveats - Muschinski v Dodds [1985] HCA 78; (1985) 160 CLR 583; Baumgartner v Baumgartner [1987] HCA 59; (1987) 164 CLR 137; Cressy v Johnson (2009) VSC 52 referred Perpetual Limited v......
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Victorian Government Bulletin - In the media, Practice and courts, Reports, Cases and Legislation
...co-owner - Whether correct legal test for imposition of constructive trust applied - Property Law Act s 225 & s 228 - Muschinski v Dodds [1985] HCA 78; (1985) 160 CLR 583 - Baumgartner v Baumgartner [1987] HCA 59; (1987) 164 CLR 137 - Miller v Martin [2020] VSCA 4 - Miller v Martin [2018] V......
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11 books & journal articles
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'The receipt of what?': Questions concerning third party recipient liability in equity and unjust enrichment.
...(121) See, eg, Stephenson Nominees Pty Ltd v Official Receiver (1987) 16 FCR 536, 552 (Gummow J). (122) See, eg, Muschinski v Dodds (1985) 160 CLR 583. The English courts do not recognise the remedial constructive trust: Westdeutsche Landesbank Girozentrale v Islington London Borough Counci......
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UNAUTHORISED FIDUCIARY GAINS AND THE CONSTRUCTIVE TRUST
...“Can Sense Be Made of the Remedial Constructive Trust?” (University of Western Australia Law School, 1999). See also Muschinski v Dodds(1985) 160 CLR 583 at 613–614. 106 See, eg, Gbolahan Elias, Explaining Constructive Trusts (Clarendon Press, 1990), who suggested that constructive trusts f......
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Interests in the family home: constructive trusts and estoppel compared
...[1991] 1 A.C.107. The fiercest criticism came from Australia: see, e.g., Allen v. Snyder [1977] 2 N.S.W.L.R. 685; Muschinski v. Dodds (1984) 62 A.L.R. 429. 5 Muschinski v. Dodds (1984) 62 A.L.R. 429 (Deane J.); Baumgartner v. Baumgartner (1987) 76 A.L.R. 75 (Toohey J.). 6 (1980) High Court,......
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UNJUST ENRICHMENT, PROPRIETARY SUBROGATION AND UNSATISFACTORY EXPLANATIONS
...LBC[1996] AC 669 at 714–716, per Lord Browne-Wilkinson; El Ajou v Dollar Land Holdings plc[1993] 3 All ER 717. 77Muschinski v Dodds(1985) 160 CLR 583; Grimaldi v Chameleon Mining NL (No 2)[2012] FCAFC 6; [2012] FCR 296. There are signs of its acceptance in New Zealand: Commonwealth Reserves......
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