[7] There is no presumption of advancement between cohabiting couples (whether heterosexual or homosexual), nor between a man and his mistress.
[10] In the Hong Kong case of Suen Shu Tai v Tam Fung Tai [2014] HKEC 1125 the Court of Appeal of Hong Kong, in obiter dicta, preferred the modern approach in that the presumption of advancement applies equally where a mother transfers property to her child.
However, it left open the question of whether the presumption applies where a mother transfers property to an adult independent child.
[13] In Canada the Supreme Court has held that it does not apply to gifts from a father to an adult child.
A previous attempt to abolish the presumption as between husband and wife by way of a private member's bill entitled the Family Law (Property and Maintenance) Bill failed to reach a second reading in 2006.