"Joint endeavour" constructive trust - Joudo v Joudo
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Once a key legal remedy in disputes between de facto partners, the "joint endeavour" constructive trust serves also as a mechanism for determining an underlying beneficial interest in land and associated rectification in a broader range of relationships. In October 2024, the New South Wales Court of Appeal handed down its decision in 'Joudo v Joudo' ('Joudo') upholding the trial judge's finding of a beneficial interest in land held by the non-legal owners, the legal owner's brother and sister-in-law. Following another 2024 decision involving siblings, 'McKinlay v Woods'('McKinlay'), 'Joudo' recognises the character of the mutual benefit necessary to underpin a declaration of a joint endeavour. In doing so, it contributes to a more nuanced understanding of the intention necessary to secure equitable relief.
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Australian Law Journal
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99
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4
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This publication is copyright. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth), no part of it may in any form or by any means (electronic, mechanical, microcopying, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission. Enquiries should be addressed to Thomson Reuters (Professional) Australia Limited. PO Box 3502, Rozelle NSW 2039. https://www.thomsonreuters.com.au/en-au.html. This article was first published by Thomson Reuters in the Australian Law Journal and should be cited as Galloway, K, "Joint endeavour" constructive trust - Joudo v Joudo, Australian Law Journal, 2025, 99 (4), pp. 265-268.
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Galloway, K, "Joint endeavour" constructive trust - Joudo v Joudo, Australian Law Journal, 2025, 99 (4), pp. 265-268