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10 May 10 Court rejects claim that accountant's concession a binding rule of law - Stewart

The Federal Court (Perram J) has rejected arguments made by an accountant and 2 of his clients (Paul Hogan and John Cornell) that the Commissioner's "accountant's concession", devised by the Commissioner to restrict his access to taxation advices prepared by accountants in certain circumstances, has the effect of a binding rule of law.

Accordingly, the Court ordered that pleadings to this effect be struck out. However, the Court granted the parties leave to file amended pleadings regarding the Commissioner's use of certain documents seized by the Australian Crime Commission as part of Project Wickenby: Stewart v FCT [2010] FCA 402 (Federal Court, Perram J, 30 April 2010).

 


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