High Court Bulletin
Produced by the High Court of Australia Library
[2010] HCAB 3 (6 April 2010)
A record of recent High Court of Australia cases: decided, reserved for judgment, awaiting hearing in the Court’s original jurisdiction, granted special leave to appeal, refused special leave to appeal and not proceeding or vacated.
1: Cases Handed Down
2: Cases Reserved
3: Original Jurisdiction
4: Special Leave Granted
5: Cases Not Proceeding or Vacated
6: Special Leave Dismissed
1: Cases Handed Down
The following cases were handed down by the High Court of Australia during the Late March 2010 sittings.
Commissioner of Taxation v Bamford & Ors; Bamford & Anor v Commissioner of Taxation & Anor
High Court of Australia: [2010] HCA 10.
Judgment delivered: 30 March 2010.
Coram: French CJ, Gummow, Hayne, Heydon and Crennan JJ.
Catchwords:
Income tax — Income of trust estate — Assessable income of beneficiary — Income Tax Assessment Act 1936 (Cth) (“the Act”), s 97(1) provided that where beneficiary presently entitled to “a share of the income of the trust estate”, assessable income of beneficiary included “that share of the net income of the trust estate” — Beneficiaries entitled to specific amounts of distributable income — One beneficiary also entitled to residue of distributable income — Disparity between net income and distributable income — Meaning of “that share of the net income” in s 97(1)(a)(i) of the Act — Whether beneficiaries to be assessed by reference to their proportion of distributable income or specific amounts.
Income tax — Income of trust estate — Trustee determined, pursuant to deed of settlement, net capital gain to be treated as distributable income — Whether net capital gain was “income of the trust estate” under s 97(1) of the Act — Relevance of trustee's determination — Whether “income of the trust estate” income according to trust law or “ordinary concepts” but excluding “statutory income”.
Words and phrases — “income of the trust estate”, “presently entitled”, “that share of the net income of the trust estate”, “trust estate”, “trustee”.
Appealed from FCA FC: [2009] FCAFC 66; (2009) 176 FCR 250.
Wallaby Grip Ltd v QBE Insurance (Australia) Ltd & Anor; Stewart v QBE Insurance (Australia) Ltd & Anor
High Court of Australia: [2010] HCA 9.
Judgment delivered: 30 March 2010.
Coram: French CJ, Gummow, Hayne, Heydon and Kiefel JJ.
Catchwords:
Insurance — Workers' compensation — Workers' Compensation Act 1926 (NSW) (“Act”) s 18(1) required employers to obtain insurance or indemnity policy from insurer in respect of liability for injury to any worker — Act stipulated minimum level of cover in respect of employer's liability independently of Act — General terms and conditions of policy referred to in Act and in Appendix to Workers' Compensation Regulations 1926 (NSW) (“Regulations”) — Where insurance policy lost — Where no evidence as to level of indemnity in policy — Whether any limitation upon indemnity imposed by Act or policy — Whether insurer or insured carries burden of proving limitation upon indemnity.
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