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On 12 August 2011, the High Court (French CJ and Crennan J) granted the Commissioner special leave to appeal from the decision of the Full Federal Court in Bargwanna (Trustee) v FCT [2010] FCAFC 126 (Dowsett, Kenny and Middleton JJ; 8 October 2010), as varied in Bargwanna v FCT (No 3) [2011] FCAFC 18 (17 February 2011).   

The Full Federal Court upheld the taxpayers' appeal from the decision of Edmonds J, and remitted the matter to the AAT for determination whether the fund of which the taxpayers were trustees was an income tax exempt charity, being a fund established in Australia for public charitable purposes that "is applied for the purposes for which it was established" within the meaning of s 50-60 of ITAA 1997.

FCT v Graham Bargwanna & Melinda Bargwanna as trustee of the Kalos Metron Charitable Trust [2011] HCATrans 211 (High Court, French CJ and Crennan J, 12 August 2011).


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