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Appellate Cases

EMH IV Pty Ltd as trustee for the EMH IV Family Trust v Commissioner of Taxation [2026] FCAFC 112

28-8-26 / Mark Robertson KC, Florence Chen — Appellate, Tax

Mark Robertson KC appeared for the appellant, instructed by Small Myers Hughes Lawyers. Florence Chen (led by Ms J FitzGerald KC) represented the respondent, instructed by McInnes Wilson Lawyers. This judgement concerns an appeal from the decision in EMH IV Pty Ltd as trustee for the EMH IV Family Trust…

Commissioner of Taxation v Cheung [2026] FCAFC 75

28-5-26 / Mark Robertson KC — Appellate, Tax

Mark Robertson KC (leading Mr J Byrne) represented the respondent, instructed by Macpherson Kelley Lawyers. This case concerned an appeal by the Commissioner of Taxation from a decision allowing the Respondent’s objection to amended income tax assessments. The primary judge had found that deposits exceeding $30 million received by the…

The Commissioner of Taxation of the Commonwealth of Australia v Thomas [2018] HCA 31

8-8-18 / Mark Robertson KC, David Chesterman KC — Appellate, Judicial Review & Administrative, Tax

Appeals from the Full Court of the Federal Court of Australia in: The Commissioner of Taxation of the Commonwealth of Australia v Thomas; The Commissioner of Taxation of the Commonwealth of Australia v Martin Andrew Pty Ltd; The Commissioner of Taxation of the Commonwealth of Australia v Thomas Nominees Pty Ltd;…

Bai v Commissioner of Taxation [2015] FCA 973

3-9-15 / Mark Robertson KC — Appellate, Judicial Review & Administrative, Tax

Onus of proof – Commissioner’s power to amend income tax assessments at any time under s 170(1) item 5 Income Tax Assessment Act 1936 (Cth) after forming opinion that there had been fraud or evasion

Thomas v Commissioner of Taxation [2015] FCA 968

31-8-15 / Mark Robertson KC — Appellate, Tax

Consideration of the construction and operation of Division 207 (“Effect of receiving a franked distribution”) of Part 36 of the Income Tax Assessment Act 1997 (Cth)

Cases — Mark Robertson KC