Commissioner of Taxation v Bosanac (No 7) [2021] FCA 249

EQUITY – presumption of advancement – whether the presumption of advancement applies to the matrimonial home – whether the presumption has been rebutted – where both spouses contribute equally to the purchase of the matrimonial home through joint loans – where title is placed in the wife’s name only – where the Commissioner of Taxation seeks a declaration as to the husband’s beneficial interest to satisfy judgment debt – consideration of whether Trustees of Property of Cummins (a bankrupt) v Cummins (2006) 227 CLR 278 qualifies the presumption of advancement.


Full decision here.


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