The ‘Pallant v Morgan Equity’ In Australia: Substantive or Superfluous?

Abstract

The ‘Pallant v Morganequity’ is a relatively new but well-entrenched constructive trust doctrine inEnglish law. However, its precise status in Australia is uncertain. This article asks whether thePallant vMorganequity is a superfluous or substantive doctrine in Australia. It explores four different equitabledoctrines which judges have at one point or other suggested can account for that doctrine, and comesto the conclusion that it is not simply a manifestation of those established doctrines and thereforesuperfluous in Australian law, but a substantive doctrine with a distinct sphere of application. Thearticle then discusses the justificatory rationale of thePallant v Morganequity, and obse..