Barker v Linklater & Anor

• 1. Practice and Procedure
  2. › Pleading
  3. › Defence
  4. › Non-admission
  5. › Deemed admission
  6. › Whether non-admission complied with requirement for direct explanation
  7. › Whether primary judge entitled to reverse ruling on deemed admission during trial
  8. › Uniform Civil Procedure Rules 1999 (Qld), r 166(3), (4), (5)
• 1. Equity
  2. › Trusts
  3. › Constructive trust
  4. › De facto relationship
  5. › Financial and non-financial contributions to household
  6. › Whether unconscionable conduct established
  7. › Whether mere cohabitation and sharing of household expenses sufficient to impose constructive trust
• 1. Appeal
  2. › Standard of appellate review
  3. › Findings of fact by trial judge sitting alone
  4. › Credibility findings
  5. › Inferences from undisputed facts
  6. › Whether primary judge palpably misused advantage

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