High court backs woman against ATO claim on home – not so much because of the 15th-Century presumption

Tax Month - October 2022

On 12.10.2022, the AFR’s Michael Pelly reported that a Perth woman had blocked the Tax Office from making a claim on her family home, to settle her former husband’s debt as part of a High Court victory which preserved an antiquated and “discriminatory” legal principle. The court ruled on Wednesday that Bernadette Bosanac did not hold half…

Bosanac v Commissioner of Taxation – Wife of taxpayer succeeds – High Court clarifies the ‘presumption of advancement’

Tax Month - October 2022

On Wednesday 12.10.2022, the High Court unanimously allowed an appeal from the Full Court of the Federal Court of Australia deciding that the the appellant (“Ms Bosanac”) did NOT hold half of her interest in a residential property (“the Property”) on trust for her husband, the second respondent (“Mr Bosanac”) who owed the Commissioner money for…