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.
|Publication status||Published - Dec 2013|
|Event||Obligations Group Trusts Conference - Melbourne, Australia|
Duration: 5 Dec 2013 → 6 Dec 2013
|Conference||Obligations Group Trusts Conference|
|Period||5/12/13 → 6/12/13|
Galloway, K. (2013). Distribution, redistribution or maintaining the status quo? The normative foundation of intimate partner constructive trusts. Obligations Group Trusts Conference, Melbourne, Australia.