The High Court’s Constructive Trust Tricenarian: Its Legacy From 1985–2015

The last 30 years or so has witnessed the High Court of Australia devote more of its energies to the constructive trust than in the preceding 80 years since its inception. As 2015 represents the Court’s tricenarian since its judgment in Muschinski v Dodds, in which Deane J enunciated what remains essentially the only probing analysis of the nature of the constructive trust in High Court jurisprudence, this article seeks to inquire into the progeny of his Honour’s analysis.