White Industries Aust Ltd v Commissioner of Taxation
| Jurisdiction | Australia Federal only |
| Judgment Date | 11 April 2007 |
| Neutral Citation | [2007] FCA 511 |
| Court | Federal Court |
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38 cases
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KTC v David
...not empowered to summarily dismiss the proceeding under s 31A of the FCA Act: see White Industries Aust Ltd v Commissioner of Taxation (2007) 160 FCR 298; [2007] HCA 511 at [47], referred to in Spencer at [23]. That said, a “failure after ample opportunity to plead a reasonable cause of act......
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Jefferson Ford Pty Ltd v Ford Motor Company of Australia Limited
...v Jacobowitz [1884] WN 17Weatherall v Satellite Receiving Systems (Australia) Pty Ltd [1999] FCA 741White Industries Ltd v FCT (2007) 160 FCR 298Zoia v Commonwealth Ombudsman Department (2007) 240 ALR 624 JEFFERSON FORD PTY LTD (ACN 005 629 897) v FORD MOTOR COMPANY OF AUSTRALIA LIMITED (AC......
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Pigozzo v Mineral Resources Ltd
...54 Whelan v Cigarette & Gift Warehouse Pty Ltd [2017] FCA 1534; (2017) 275 IR 285 White Industries Aust Ltd v Commissioner of Taxation [2007] FCA 511; (2007) 160 FCR 298 White Industries (Qld) Pty Ltd v Flower and Hart (a Firm) [1998] FCA 806; (1998) 156 ALR 169 Wright Rubber Products Pty L......
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Kelly v Commonwealth of Australia as represented by Services Australia (formerly the Department of Human Services)
...or bound to fail. These provisions, as Lindgren J held in White Industries Australia Limited v Federal Commissioner of Taxation (2007) 160 FCR 298 at 310, were designed “to lower the bar for obtaining summary judgment” from the level that had been fixed by the High Court in Dey v Victorian ......
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1 firm's commentaries
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Accountants, lawyers and the privileged class: R v Special Commissioner of Income Tax
...decision to "lift the concession" and seek papers prepared by its accountants (White Industries Aust Ltd v Commissioner of Taxation (2007) 66 ATR 306). Accordingly, the ATO could effectively ignore the Guidelines when it encountered what it considered were exceptional If common law LPP exte......
1 books & journal articles
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Should we follow the gospel of the Administrative Decisions (Judicial Review) Act 1977 (CTH)?
...28, 20. Many recent cases offer support for Taggart's assessment. See, eg, White Industries Aust Ltd v Federal Commissioner of Taxation (2007) 160 FCR 298, 312-18 [61]-[99], where Lindgren J considered whether a decision made under a guideline issued by tax officials was subject to the ADJR......