In this Daze in Court episode, Foley's List barristers Rohan Hoult, Amy Yu, and Partner Tim Gough from Kennedy Partners explore the growing reliance on the “Bank of Mum and Dad” in today’s property market. They cover resulting trusts, loan agreements, and the presumption of advancement, highlighting what practitioners need to know when advising clients.

Rohan Hoult is a former Senior Judicial Registrar of the Federal Circuit and Family Court of Australia, who returned to the Bar in 2023. He has over 35 years’ experience practicing exclusively in family law. Rohan’s extensive practice has included significant trial and appellate work, complex child and property matters, and experience in Magellan cases. He is also an AIFLAM Nationally Accredited Mediator.

Amy Yu accepts briefs to advise and appear in all aspects of family law. Prior to coming to the Bar, Amy was a senior solicitor in a boutique firm where she led the family law practice area. She practiced predominantly in family law and holds a Master’s degree in Applied Family Law. Amy has appeared frequently as a solicitor advocate in the Federal Circuit and Family Court of Australia and brings to her practice an established background in advocacy. 

Tim Gough has deep expertise in matters involving high net-worth and complex corporate and trust structures. He has run and resolved some of the largest dollar-value Family Law litigation in Australia. His commercial approach and experience in complex property matters means he is often engaged to advise third parties to a Family Law dispute, such as business partners or companies which co-own assets that are the subject of a Family Law claim.

List of the cases mentioned in the podcast: 

Bosanac v Commissioner of Taxation [2022] HCA 34 – re: resulting trust/presumption of advancement 

Koprivnjak v Koprivnjak [2023] NSWCA 2 - re: resulting trust/presumption of advancement where father was pursuing daughter to recover moneys paid towards a property

Charles Marshall Pty Ltd v Grimsley (1956) 95 CLR 353 – re: admissibility of declarations made after the purchase/advance

Wilkins v Wilkins [2007] VSC 100 – re: subsequent assertions as to nature of advance effectively amount to hearsay

Biltoft (1995) FLC 92-614 – seminal Family Law judgement re: absence of formal documentation of a loan

Strand & Strand (No. 2) [2018] FamCAFC 247 – re: inconsistent documents; loan agreement and separate deed of gift provided to mortgagee bank

Halstron [2022] FedCFamC1A 65 – re: “moral obligation” to repay loan

Episode Length: ~60 Minutes 
(Note: Listeners are eligible for 1 CPD point per 60 minutes of Think Foley's content).

 Request a Podcast CPD Certificate, email: marketing@foleys.com.au

To engage with a Foley's List Barrister, contact Foley's List Clerks via:
📞 03 9225 7777
✉️ foleys@foleys.com.au