Hyder v Commissioner of Taxation (No 3) [2022] FCA 493
3-5-22 / Florence Chen, Mark Robertson KC — Tax
The Taxpayer sought a judicial review and relief pursuant to s 39B of the Judiciary Act 1903 (Cth) for the grant of the constitutional writ of prohibition and injunctions, in relation to a claim of invalidity in the issuing of amended assessments to the Taxpayer and the issuing of an alternative assessments to…
Commissioner of Taxation v PricewaterhouseCoopers [2022] FCA 278
25-3-22 / Mark Robertson KC — Tax
Federal Court proceedings concerning whether certain documents were the subject of legal professional privilege. This proceeding is notable on account of the volume of documents over which legal professional privilege was sought. Flora Green Pty Ltd, JBS Holdco Australia Pty Ltd and JBS Australia Pty Ltd are Australian companies wholly…
Commissioner of Taxation v Burswood Nominees Limited as trustee for Burswood Property Trust [2021] FCAFC 151
20-8-21 / Mark Robertson KC — Tax
An appeal to the Federal court wherein the appellant sought to appeal the prior judgement and to have four orders of the primary judge set aside. The respondents to these appeals were the owners and operators of casinos in Perth and Melbourne who utilise junket tour operators to provide opportunities…
Peter Greensill Family Co Pty Ltd (Trustee) v Commissioner of Taxation [2021] FCAFC 99
10-6-21 / Mark Robertson KC — Tax
The appeal concerned the interaction of div 855 and sub-div 115-C Income Tax Assessment Act 1997 (Cth) in relation to a capital gains event arising from the disposal of alleged non-taxable Australian property by trustees. The Commissioner of Taxation had made an assessment that s 855-10(1) of the 1997 Act…
Crown Melbourne Limited v Commissioner of Taxation [2020] FCA 1295
10-9-20 / Mark Robertson KC — Tax
Proceedings brought under s 14ZZ of the Taxation Administration Act 1953 (Cth) which were related appeals by the applicants challenging goods and services tax (GST) assessments. The applicants were the owners and operators of casinos in Melbourne and Perth and make “gambling supplies”, as the expression is defined in s 126‑35(1)(b) of A New Tax…
