Comments on: Just not cricket http://skepticlawyer.com.au/2008/09/just-not-cricket/ Two lawyers on law, legislation and liberty. And other stuff. Fri, 09 Jan 2009 13:31:16 +0000 http://wordpress.org/?v=2.7 hourly 1 By: Jacques Chester http://skepticlawyer.com.au/2008/09/just-not-cricket/comment-page-1/#comment-16159 Jacques Chester Sat, 13 Sep 2008 03:45:07 +0000 http://skepticlawyer.com.au/?p=863#comment-16159 I was a terrible law student, but to me this screams equity. I was a terrible law student, but to me this screams equity.

]]> By: Legal Eagle http://skepticlawyer.com.au/2008/09/just-not-cricket/comment-page-1/#comment-16113 Legal Eagle Fri, 12 Sep 2008 10:29:50 +0000 http://skepticlawyer.com.au/?p=863#comment-16113 No, joint tenants. Cummins tried to transfer his jointly owned property to his wife once he became aware the ATO was after him. Another ploy they used was to try to argue that even if the joint tenancy prevailed, there should be a resulting trust reflecting the wife's greater contributions to the purchase price of the property. The High Court said in cases of married couples where there was a joint tenancy, it was presumed that they owned the property equally. So maybe it would be possible here to argue some kind of marital trust where McDermott was presumed to own 50%. No, joint tenants. Cummins tried to transfer his jointly owned property to his wife once he became aware the ATO was after him.

Another ploy they used was to try to argue that even if the joint tenancy prevailed, there should be a resulting trust reflecting the wife’s greater contributions to the purchase price of the property. The High Court said in cases of married couples where there was a joint tenancy, it was presumed that they owned the property equally.

So maybe it would be possible here to argue some kind of marital trust where McDermott was presumed to own 50%.

]]> By: Melaleuca http://skepticlawyer.com.au/2008/09/just-not-cricket/comment-page-1/#comment-16111 Melaleuca Fri, 12 Sep 2008 09:28:29 +0000 http://skepticlawyer.com.au/?p=863#comment-16111 "Even if theIf they were originally joint tenants .." You mean tenants in common? “Even if theIf they were originally joint tenants ..”

You mean tenants in common?

]]>