A solicitor's 'fruits of the action' equitable lien arises immediately upon recovery of the fund through the solicitor's exertions and does not require notice to the fundholder for its existence; notice is relevant only to enforcement remedies against the fundholder after the fund has been paid away. A statutory garnishee notice under s 1233 of the Social Security Act 1991 (Cth) does not entitle the Commonwealth to receive money subject to a prior equitable lien, applying the same construction as has been applied to s 218 of the Income Tax Assessment Act 1936 (Cth). Knowledge that a settlement was 'inclusive of solicitor's costs' constitutes constructive notice of the solicitor's lien, defeating a bona fide purchaser defence.
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