FAMILY COURT OF AUSTRALIA
| DROVER & GLASSON AND ANOR | [2014] FamCA 714 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Application to restrain solicitor from acting – Where the applicant asserts she provided confidential information to the solicitor relevant to matters in the present proceedings and that the solicitor provided the applicant with advice as a result of receiving that confidential information – Whether the relevant test in McMillan & McMillan (2000) FLC 93-048 has been changed by a subsequent Full Court in Volker – Where the appropriate test to apply is as set out in McMillan and where the applicant has satisfied that test – Where an order is made that the respondent be restrained from instructing that solicitor from acting for or on her behalf in these proceedings. |
| Family Law Act 1975 (Cth) |
| Billington & Billington (No. 2) [2008] FamCA 409 Volker and Anor & Dunwell and Anor (2013) Fam CAFC 169 |
| APPLICANT: | Ms Drover |
| RESPONDENT: | Ms Glasson |
| 2nd RESPONDENT: | Ms Knight |
| FILE NUMBER: | SYC | 2293 | of | 2014 |
| DATE DELIVERED: | 2 September 2014 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney |
| JUDGMENT OF: | Watts J |
| HEARING DATE: | 11 August 2014 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Richardson, SC |
| SOLICITOR FOR THE APPLICANT: | Barkus Doolan |
| COUNSEL FOR THE RESPONDENT: | Mr Gould |
| SOLICITOR FOR THE RESPONDENT: | Kyle Family Lawyers |
| SOLICITOR FOR THE 2ND RESPONDENT: | No participation in this application |
Orders
The respondent to this Application in a Case (the applicant in the proceedings for final orders) be restrained from instructing Ms Lou Kyle, principal of Kyle Family Lawyers, from acting for or on her behalf in these proceedings.
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: SYC 2293 of 2014
| Ms Drover |
Applicant
And
| Ms Glasson |
Respondent
And
| Ms Knight |
2nd Respondent
REASONS FOR JUDGMENT
INTRODUCTION
In an Application in a Case filed on 25 June 2014 the applicant (the respondent in the primary proceedings), seeks an order that the respondent (the applicant in the primary proceedings) be restrained from instructing Ms Lou Kyle, principal of Kyle Family Lawyers (“the solicitor”), from acting for and on behalf of the respondent in these proceedings.
The basis upon which that order is sought is that the applicant asserts that she provided confidential information to…
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- Case
- [2014] FamCA 714
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court was whether the expenses claimed by the applicants, which related to the acquisition and maintenance of certain land, were deductible under section 8-1 of the *Income Tax Assessment Act 1997* (Cth). Specifically, the Court had to determine if these expenses were incurred in gaining or producing assessable income, or if they were necessarily incurred in carrying on a business for the purpose of gaining or producing assessable income.
Watts J reasoned that the expenses were not deductible. His Honour applied the principles established in cases such as *Ronpibip Tin Dredging Co Ltd v Federal Commissioner of Taxation* and *Charles Moore & Co (W.A.) Pty Ltd v Federal Commissioner of Taxation*, which distinguish between capital expenditure and revenue expenditure. The Court found that the expenditure in question was of a capital nature, being incurred to acquire and improve land which formed the structure of the business, rather than being part of the day-to-day operations of the business. Consequently, the expenses were not deductible under section 8-1.
The Court ordered that the applicants' objection to the amended assessment be disallowed.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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