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Federal Commissioner of Taxation v Futuris Corporation Ltd
[2008] HCA 32
Citation 1
…, otherwise than in Part 1VC proceedings”.[5] [4] (1995) 183 CLR 168. [5] at [186], but see the comments about Richard Walter Pty Ltd’s Case in Commissioner of Taxation v Futuris Corporation Ltd (2008) 237 CLR 146, at 168 [70].…
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Kirk v Industrial Relations Commission of New South Wales
[2008] NSWCA 156
Citation 2
…nal error is some distance from a right to a complete review of a decision about premiums or an assessment based on a decision about premiums. [21] (2010) 84 ALJR 154. 53 For the above reasons, I consider that in a proceeding to recover premiums and penalties when the VWA relies on s.71 of the ACWI Act by tendering a…
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Workers Compensation Nominal Insurer v Dover Security Systems
[2008] NSWSC 588
Citation 3
(Para 25)
…[11] [1997] NSWSC 102; see also Workers Compensation Nominal Insurer v Dover Security Systems [2008] NSWSC 588 at [25]. [12] ( supra ) at [13].…
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Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2)
[2005] VSCA 298
Citation 4
…I were wrong about that, in the circumstances of this case, I can see no reason for the Court to otherwise order under Rule 26.08. [37] (2005) 13 VR 435. 125 Putting the argument about s.71 to one side for the moment, this case concerned a claim by the plaintiff for unpaid premiums and penalties and an argument by…
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State of Victoria v McIver
[2005] VSCA 50
Citation 5
…e of Victoria v McIver; [35] however, the authorities suggest that the rule is not easily displaced: see Simonovski v Bendigo Bank Ltd .[36] [35] (2005) 11 VR 458 [36] [2003] VSC 139, being one of the authorities cited in Civil Procedure Victoria p.3613, for that proposition. 123 The defendant’s senior counsel has…
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Applicant A169 of 2003 v Minister for Immigration and Multicultural and Indigenous Affairs
[2005] FCAFC 8
Citation 6
…es not intend to deprive the citizen of access to the courts, other than to the extent expressly stated or necessarily to be implied.”[15] [15] (2003) 211 CLR 476,493 [32] cf Al-Kateb v Godwin (2004) 219 CLR 562, 577 [19] and R v Secretary of State for Home Department; ex parte Simms [2000] 2 AC 115,132, per Lord Hof…
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Al-Kateb v Godwin
[2004] HCA 37
Citation 7
…the courts, other than to the extent expressly stated or necessarily to be implied.”[15] [15] (2003) 211 CLR 476,493 [32] cf Al-Kateb v Godwin (2004) 219 CLR 562, 577 [19] and R v Secretary of State for Home Department; ex parte Simms [2000] 2 AC 115,132, per Lord Hoffmann.…
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Victorian WorkCover Authority v IR Cootes Pty Ltd
[2001] VSCA 85
Citation 8
…to recover premiums said to have been levied on an incorrect workplace classification with no reference being made to s.71 of the ACWI Act . [14] [2001] VSCA 85. 40 The defendant submitted that that the adoption of the plaintiff’s submission would, once a certificate or assessment under s.71 was produced, turn th…
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Deputy Commissioner of Taxation v Richard Walter Pty Ltd
[1995] HCA 23
Citation 9
(Para 186)
…n upon the production of the notice of assessment or a copy of it so that it is treated as valid, otherwise than in Part 1VC proceedings”.[5] [4] (1995) 183 CLR 168. [5] at [186], but see the comments about Richard Walter Pty Ltd’s Case in Commissioner of Taxation v Futuris Corporation Ltd (2008) 237 CLR 146, at 168…
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Magrath v Goldsbrough Mort & Co Ltd
[1932] HCA 10
Citation 10
…iction in such a way as to have minimal effect.[13] [13] The defendant relied on the judgment of Dixon J. in Macgrath v Goldsbrough Mort & Co Ltd (1932) 47 CLR 121,134. 39 The defendant referred to the decision of the Court of Appeal in Victorian WorkCover Authority v IR Cootes Pty Ltd ,[14] where an employer had br…
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Commissioner of Taxation v Futuris Corporation Limited
[2008] HCATrans 145
Citation 11
…1995) 183 CLR 168. [5] at [186], but see the comments about Richard Walter Pty Ltd’s Case in Commissioner of Taxation v Futuris Corporation Ltd (2008) 237 CLR 146, at 168 [70].…
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GT Corporation Pty Ltd v Amare Safety Pty Ltd (No 3)
[2008] VSC 296
Citation 12
…The argument about s.71 did take an identifiable portion of the case, and no doubt part of the preparation associated with it. [38] [2008] VSC 296. 127 Rule 63A require that I fix a proportion of the total costs of the proceeding which are attributable to that particular question or a particular part of the proce…
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Deputy Commissioner of Taxation v Hooper
[2005] VSC 69
Citation 13
(Para 6)
…axpayer challenging the amount of income tax alleged to be owing, save in review proceedings.[9] [9] See Deputy Commissioner of Taxation v Hooper [2005] VSC 69 at [6]. 34 The difference between s.177(1) of the ITAA and s.71(1) of the ACWI Act is that s.71(1) does not remove from its operation any review proceedi…
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Simonovski v Bendigo Bank Ltd (No 2)
[2003] VSC 139
Citation 14
…; [35] however, the authorities suggest that the rule is not easily displaced: see Simonovski v Bendigo Bank Ltd .[36] [35] (2005) 11 VR 458 [36] [2003] VSC 139, being one of the authorities cited in Civil Procedure Victoria p.3613, for that proposition. 123 The defendant’s senior counsel has put all the matters…
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SBA Foods Pty Ltd v VWA
[2001] VSC 276
Citation 15
…dissatisfied party could seek judicial review, as the plaintiff in SBA Foods Pty Ltd v Victoria WorkCover Authority [10] had attempted. [10] [2001] VSC 276. 37 The plaintiff drew an analogy with the decision of the New South Wales Court of Appeal concerning the Workers Compensation Act 1987 (NSW) in Employer’s M…