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Australia grounds illegality

Commissioner of Taxation v Consolidated Media Holdings Ltd

(2012) 250 CLR 503
JurisdictionAustralia
CourtHigh Court of Australia
Year2012
StatusBinding authority

Summary

Statutory interpretation in tax law requires ascertaining meaning from text, context and purpose; beneficial construction favouring taxpayer is not appropriate.

Key Principle

The HCA confirmed the statutory interpretation approach to tax law: the task is to ascertain the meaning of the statutory text, having regard to context and purpose; beneficial construction is not appropriate.

Area of Law

tax

Related Cases

Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (Statutory Construction) [2012] HCA 55

Tax legislation is construed by giving words their ordinary meaning in context; legislative purpose resolves ambiguity but cannot override clear statutory language.

Aid/Watch Inc v Commissioner of Taxation (2010) 241 CLR 539

An organisation engaged in political advocacy and law reform can qualify as charitable, as generating public debate on matters of public interest satisfies the public benefit requirement.

Commissioner of Taxation v Futuris Corporation Ltd (2008) 237 CLR 146

Judicial review of tax assessments is confined; an assessment is only invalidated where the Commissioner's conduct amounts to conscious maladministration or fraud, not mere error.

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