The High Court has confirmed that, in certain circumstances, the presumption of advancement can apply to contributions to the purchase price of property or the transfer of assets.
Overview
In Bosanac v FCT,1 the High Court considered the ancient equitable principles of the presumption of resulting trust and the presumption of advancement. However, while not overturning the presumptions, the High Court characterised them as “weak” and decided the case on its objective facts without relying on the presumptions.
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