Where an arbitral award recognised by court order declares a constructive trust over funds, the beneficiary has an existing equitable interest from the date specified in the award and does not need a further court order to establish a caveatable interest. Section 91 of the Evidence Act 2008 (Vic) does not preclude reliance on an arbitral award and evidence from other proceedings in a caveat removal application, where they are used to assess whether a prima facie case exists rather than to prove the existence of a fact. Sworn evidence by the sole director of both the trustee company and the property-owning company that trust funds were used to purchase properties is sufficient to establish a prima facie case for tracing, even where the precise mechanism of the fund transfer is unclear.
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