Phillips v Phillips

In *Phillips v Phillips*, the High Court of Australia considered a dispute between a husband and wife concerning the matrimonial home. The wife sought to have the matrimonial home, which was registered solely in the husband's name, declared to be held by him on trust for both parties.

The central legal issue before the High Court was whether the wife had established a beneficial interest in the matrimonial home, despite its sole registration in the husband's name. This required the court to determine the applicable principles of resulting and constructive trusts in the context of a de facto relationship and the contributions made by each party to the acquisition and maintenance of the property.

The High Court affirmed that a resulting trust arises where a party contributes to the purchase price of property, and that contribution is not intended to be a gift. However, the court also considered the principles of constructive trusts, particularly in circumstances where there has been a common intention that the property be jointly owned, and one party has acted to their detriment in reliance on that intention. The court examined the wife's financial and non-financial contributions to the property and the relationship, and whether these contributions gave rise to an equitable interest.

The High Court ultimately found that the wife had established a beneficial interest in the matrimonial home. The court ordered that the husband held the property on trust for himself and the wife in equal shares.