In constructive trust claims between former de facto partners, where one party effectively excludes the other from the trust property and derives benefit from its use, and the economic benefit is reasonably capable of assessment, an adjustment should generally be made in favour of the deprived party. This relief is not confined to property law ouster principles and is not limited to cases where the excluding party is the trustee. The Muschinski v Dodds approach to apportionment involves notionally repaying specific pecuniary contributions and dividing remaining equity equally.
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