Commissioner of Taxation v Futuris Corporation Ltd
| Jurisdiction | Australia Federal only |
| Judge | Gummow,Hayne,Heydon,Crennan JJ.,Kirby J. |
| Judgment Date | 31 July 2008 |
| Neutral Citation | 2008-0731 HCA B,[2008] HCA 32 |
| Court | High Court |
| Docket Number | A47/2007 |
| Date | 31 July 2008 |
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141 cases
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Commissioner of Taxation v Addy
...Giris at 378–9; MacCormick v Commissioner of Taxation (1984) 158 CLR 622; Federal Commissioner of Taxation v Futuris Corporation Ltd (2008) 237 CLR 146, [9] – [10]. His Honour opined that this feature, although not expressly referred to in Kolotex, explained why Gibbs J concluded at 568 tha......
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3 firm's commentaries
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The ATO is suing me for a tax debt how do I respond?
...called into question. The Court referred to the decisions of the High Court in Federal Commissioner of Taxation v Futuris Corporation Ltd [2008] HCA 32 and the Full Court of the Federal Court in Denlay v Federal Commissioner of Taxation [2011] FCAFC However, the Court found that the defence......
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ATO Flexes Its Debt Collection Muscle
...majority of the High Court has recently stated that the provisions are valid: see Commissioner of Taxation v Futuris Corporation Limited [2008] HCA 32 at [65]. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about ......
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Be Alert But Not Alarmed: Misfeasance In Public Office
...resolved at the High Court level. Misfeasance and public law In the recent case of Commissioner of Taxation v Futuris Corporation Limited [2008] HCA 32, the High Court the affinity between the tort of misfeasance in public office and the public law concept of lack of bona fides giving rise ......
18 books & journal articles
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Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution
...Commonwealth Law Journal 51. 40 See, eg, Income Tax Assessment Act 1936 (Cth) s 175, considered in Commissioner of Taxation v Futuris (2008) 237 CLR 146. 41 Bodruddaza v Minister for Immigration and Multicultural Affairs (2007) 228 CLR 651, 663. 294 Federal Law Review Volume 44 ____________......
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Federal Constitutional Influences on State Judicial Review
...157 Federal Commissioner of Taxation v Futuris Corporation (2008) 237 CLR 146. 158 Income Taxation Assessment Act 1936 (Cth) s 175. 159 Federal Commissioner of Taxation v Futu ris Corporation (2008) 237 CLR 146, 183 [124] citing Plaintiff S157 /2002 v Commonwealth (2003) 211 CLR 476, 513–51......
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The Constitution and the Substantive Principles of Judicial Review: The Full Scope of the Entrenched Minimum Provision of Judicial Review
...of Taxation v Richard Walter Pty Ltd (1995) 183 CLR 168 ('Richard Walter') and Commissioner of Taxation v Futuris Corporation Ltd (2008) 237 CLR 146 ('Futuris'): Income Tax Assessment Act 1936 (Cth) s 177(1). 468 Federal Law Review Volume 39 _________________________________________________......
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The ‘Fatal Conundrum’ of ‘No-Consideration’ Clauses after Plaintiff M61
...37 See Federal Commissioner of Taxation v Futuris Corporation Ltd (2008) 237 CLR 146, 157 [25] (Gummow, Hayne, Heydon and Crennan JJ); McDonald, above n 33, 22. 38 (1992) 39 FCR 401. 39 Ibid 417–18. 40 Ibid 417. See also Bedlington v Chong (1998) 87 FCR 75. 41 Morato (1992) 39 FCR 401, 417–......
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