Recent Cases

Bosanac v Commissioner of Taxation [2022] HCA 34 (12 October 2022) (Kiefel CJ, Gageler, Gordon, Edelman and Gleeson JJ)


Catchwords:


Trusts – Resulting trust – Presumption of resulting trust – Presumption of advancement – Where wife purchased property – Where purchase price paid from joint loans taken in names of wife and husband – Where security for joint loans from separately owned properties – Where title registered in name of wife only – Where husband never claimed interest in property – Where property matrimonial home – Where history of separate ownership of assets – Where presumption of advancement precludes presumption of resulting trust from arising – Whether presumption of resulting trust over one half of property in favour of husband – Whether objective intention of wife and husband for husband to have beneficial interest in property – Whether presumption of advancement remains part of general law of Australia.

Words and phrases – “beneficial interest in property”, “benefit of another”, “circumstance of fact”, “circumstance of evidence”, “inference”, “intention”, “objective intention to create a trust”, “presumption of advancement”, “presumption of fact”, “presumption of law”, “presumption of resulting trust”, “proof of intention”, “purchase money resulting trust”, “relationship of husband and wife”, “spouses”, “strength of the presumptions”.