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Australia Leading Case grounds illegalityamenability and standing

Commissioner of Taxation v Futuris Corporation Ltd

(2008) 237 CLR 146
JurisdictionAustralia
CourtHigh Court of Australia
Year2008
StatusBinding authority

Summary

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.

Key Principle

The HCA held that judicial review of tax assessments is limited; an assessment is not invalidated by the Commissioner's errors in the process of making the assessment unless there has been a conscious maladministration of the law amounting to fraud.

Area of Law

tax

Related Cases

Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503

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

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.

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