LAW3402 Study Guide - Final Guide: Unconscionability, Australia And New Zealand Banking Group, Constructive Notice
Document Summary
At law, the sisters are registered as joint tenants of yarraville. Equity normally follows the law and presumes that joint tenants at law are joint tenants in equity, but presumes a tenancy in common where two or more people make unequal contributions to the purchase price. Mary and ethel will argue that the discrepancy in the contributions made to the purchase price suggest that the presumption of a resulting trust arises. Mary and ethel contributed 200k each to yarraville, whereas dot only contributed 100k. This raises the presumption of a resulting trust. At this point, it may be argued that the presumption of the rt may be rebutted due to the application of the presumption of advancement (per calverley v. Although the sister-sister relationship has yet to be considered by the courts, it is conceivable that it may be considered analogous with husband-wife etc. Additionally, the elderly nature of the sisters may indicate, per gibbs cj in.
