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Is the High Court’s judgment in Deputy Commissioner of Taxation v Richard Walter still good law?

Published on 01 Apr 08 by "THE TAX SPECIALIST" JOURNAL ARTICLE

This article examines whether the High Court’s judgment in Deputy Commissioner of Taxation v Richard Walter is still good law in light of the High Court’s judgment in Plaintiff S157 v the Commonwealth of Australia. It argues that in light of Plaintiff S157, ss 175 and 177 of the Income Tax Assessment Act 1936 (Cth) cannot protect a decision of the Commissioner in which the taxpayer seeks to challenge a decision under s 75(v) of the Constitution on the grounds of jurisdictional error directly in the High Court.

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David MACKAY
Current at 09 June 2009
 

 

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