← All Authorities
Australia jurisdictional errorassessment validity

Commissioner of Taxation v Futuris Corporation Ltd

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

Key Principle

Because s 175 of the Income Tax Assessment Act 1936 (Cth) provides that non-compliance with the Act does not affect the validity of an assessment, an assessment is not vitiated by errors of fact or law in the assessment process; it is amenable to judicial review for jurisdictional error only where there is conscious maladministration (deliberate or recidivist failure to administer the law) or where the document is not an 'assessment' at all.

Area of Law

tax

Related Cases

Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503
Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (Statutory Construction) [2012] HCA 55
Aid/Watch Inc v Commissioner of Taxation (2010) 241 CLR 539

Ask CommonBench about this case

Get a detailed analysis of Commissioner of Taxation v Futuris Corporation Ltd and how it applies to your situation.

Explain Commissioner of Taxation v Fut...