A Black v Freedman constructive trust arises only where property is stolen and passed to a third party who is not a bona fide purchaser for value without notice; it does not extend to every receipt of property transferred in breach of trust without more. A clause in a will conferring on trustees 'all powers which would be conferred upon them by statute had the estate been devised upon trust for sale' carries with it the statutory power of sale under s 13 of the Trustee Act 1958 (Vic). A release of claims relating to an estate may be effective notwithstanding incomplete documentary records, where the parties entered into the release with knowledge of the incompleteness and with legal advice. The question whether a person alleged to be a constructive trustee must establish fully informed consent before relying on a release, where the existence of the trust is disputed, was left open.
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