The Family Court has upheld an intervenor’s claim, holding that a transfer of title to property by the husband’s parents to the husband and wife did not operate to transfer the parents’ beneficial interest in the property. The trial judge applied the principles of non est factum and unconscionability to set aside the transaction. The husband and wife had sold the property and used the sale proceeds to purchase another property, as to which the trial judge imposed a constructive trust in the intervenor’s favour. Christopher Lawrence appeared for the intervenor, instructed by Coleman Greig. See Zubcic [2018] FamCA 129
