The pooling of financial resources by de facto partners, where one partner's property was acquired before the relationship commenced, does not establish a joint endeavour sufficient for a Baumgartner constructive trust where the pooling is characterised as practical convenience for meeting household bills. Even where some joint endeavour is established, the appropriate remedy may be a personal equitable remedy (charge or lien) rather than a proprietary interest, particularly where the claimant's contributions are not quantified and are consistent with payment for use and occupation. Receipt of rental assistance from Centrelink is inconsistent with a claim to beneficial ownership of the property. Several questions about the interaction between constructive trusts and the Criminal Property Confiscation Act 2000 (WA) remain unresolved.
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