Hemmant’s List members Stephen Colditz with Karen Gaston acted as counsel for the respondent in the recent Federal Court case of Secretary, Department of Social Services v Hulett [2025] FCA 23.
The matter concerned the application of common intention constructive trusts and the principles of detrimental reliance. The Court examined whether an agreement between family members, where in-home care was provided in exchange for a future interest in property was sufficient to establish a constructive trust. The Secretary of the Department of Social Services challenged the Administrative Appeals Tribunal’s ruling that the respondent’s distribution of funds was not a ‘gift’ but rather a trust distribution.
Justice Derrington dismissed the appeal, reaffirming the distinction between equitable estoppel and common intention constructive trusts in Australian law. The decision provides valuable insight into the role of detrimental reliance in equity and the recognition of non-traditional property arrangements within families.
The full decision can be accessed here: Secretary, Department of Social Services v Hulett [2025] FCA 23
