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Australia
Leading Case
uncategorized
Nelson v Nelson
[1995] HCA 25; (1995) 184 CLR 538
Key Principle
Illegality does not automatically bar a claimant from asserting an equitable (resulting) interest; the court applies a proportionality/public-policy approach rather than a rigid reliance rule, and the presumption of advancement applies to a mother as well as a father.
Area of Law
e
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