Where property is transferred to an intended spouse, the presumption of advancement based on contemplation of marriage requires positive evidence that the transferor contemplated marriage at the time of transfer; the mere existence of a prior engagement is insufficient. Where the contemplated marriage does not take place, the presumption cannot be relied upon and there must be either a resulting trust or a failure of the condition. The Calverley v Green principle that joint mortgage liability constitutes a contribution by both parties to the purchase price does not dictate a formula to be mechanically applied; evidence of the purpose of the mortgage and expectations about its early discharge may affect the analysis. When calculating reimbursement for mortgage payments, taxation benefits from negative gearing should be deducted.
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