21. The judge at first instance had not erred in concluding there was no constructive trust . 22. Therefore, the bribe is held on constructive trust for the principal, the only innocent party. 23. This imposing of a constructive trust is entirely in accord with the precepts of equity. 24. "Pettkus " with its new version of the constructive trust was soon adopted in Australia. 25. These formalities apply to express trusts only, and not to resulting, implied or constructive trusts . 26. In addition, imposing a constructive trust was wholly disproportionate to Indalex s breach of fiduciary duty. 27. It concerned the equitable remedy of constructive trusts . 28. Constructive trusts are removed from the operation of this section by section 53 ( 2 ).29. In such a case, restitution comes in the form of a constructive trust or equitable lien. 30. Unjust enrichment is seen to underlie a final group of constructive trust cases, although this remains controversial.
