› Removal of caveat under s 90(3) Transfer of Land Act 1958 (Vic)
Real property
› Caveats
› Caveatable interest
› Whether [name withheld] v [name withheld] claim gives rise to equitable interest in land
Equity
› Constructive trusts
› Distinction between proprietary and remedial constructive trusts
Equity
› [name withheld] v [name withheld]
› Accessorial liability
› Knowing assistance
› Personal liability not proprietary interest
Quick Take
1A claim based on [name withheld] v [name withheld] accessorial liability — whether framed as knowing assistance (second limb) or knowing receipt (first limb) — gives rise only to a personal liability to account and does not, of itself, constitute an equitable interest in land capable of supporting a caveat under s 90(3) of the Transfer of Land Act 1958 (Vic).
2A constructive trust imposed on a dishonest assister or knowing recipient arises only when a court determines it is an appropriate remedy, and until that judicial determination, the claimant holds no proprietary interest in the alleged accessory's property — even where trust property is said to be traceable to that property.
3The distinction between proprietary constructive trusts (founded on proprietary estoppel, common intention or joint endeavour, which create equitable interests from the date of the relevant conduct) and remedial constructive trusts imposed as a label for personal accessorial liability is critical to determining whether a caveatable interest exists.
