Distribution, redistribution or maintaining the status quo? The normative foundation of intimate partner constructive trusts

Galloway, Kate (2013) Distribution, redistribution or maintaining the status quo? The normative foundation of intimate partner constructive trusts. In: Presentations from the Obligations Group Trusts Conference. From: Obligations Group Trusts Conference, 5-6 December 2013, Melbourne, VIC, Australia.

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Abstract

Judgments concerning intimate partner constructive trusts often claim not to effect a redistribution of property as between the legal and beneficial owners. Yet despite looking at the parties’ respective contributions and the context of their relationship, the courts’ findings embody assumptions about justice and the value of labor within marriage-like relationships. Therefore in finding a constructive trust and determining the date at which it arose, it is at least arguable that the courts are themselves allocating property interests. This paper examines key Australian decisions on intimate partner constructive trusts to identify and critique possible justificatory norms on which contemporary doctrine in this area is founded.

Item ID: 32464
Item Type: Conference Item (Presentation)
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Speaker notes and PowerPoint slides from 'Distribution, redistribution or maintaining the status quo? The normative foundations of intimate partner constructive trusts' is available on Curl: Property law, women and law, contemporary legal issues, which is the blog of Kate Galloway: http://katgallow.blogspot.com.au/ (06 May 2014)

Date Deposited: 06 May 2014 03:52
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180124 Property Law (excl Intellectual Property Law) @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 100%
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