Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Silvia (Trustee) v Williams [2018] FCAFC 194 Appeal from: Silvia (Trustee) v Williams, in the matter of Williams (Bankrupt) [2018] FCA 189
File number: NSD 435 of 2018
Judges: PERRAM, BARKER AND DERRINGTON JJ
Date of judgment: 14 November 2018
Catchwords: TRUSTS AND TRUSTEES – common intention constructive trust – whether registered owner held half interest in matrimonial home as constructive trustee for bankrupt spouse – whether bankrupt made indirect contributions to deposit and equity PRACTICE AND PROCEDURE – whether trial judge should have permitted common intention constructive trust case – whether common intention constructive trust case open on the pleadings – whether respondent prejudiced – where appellant did not seek to amend pleadings
Legislation: Evidence Act 1995 (Cth) s 28
Cases cited: Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1 Baumgartner v Baumgartner [1987] HCA 59; 164 CLR 137 Betfair Pty Limited v Racing New South Wales [2010] FCAFC 133; 189 FCR 356 Browne v Dunn (1894) 6 R 67 Eves v Eves [1975] 1 WLR 1338 Gissing v Gissing [1971] AC 886 Green v Green (1989) 17 NSWLR 343 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Muschinski v Dodds [1985] HCA 78; 160 CLR 583 Secretary, Department of Social Security v Agnew [2000] FCA 59; 96 FCR 357 Warren v Coombes [1979] HCA 9; 142 CLR 531 Heydon JD, Cross on Evidence (11th ed, LexisNexis Butterworths, 2017)
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