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Suing Negligent Australian Tax Officials – Recent Judicial Developments & Possible Future Directions

Published on 01 Jul 20 by "AUSTRALIAN TAX FORUM" JOURNAL ARTICLE

In Farah Custodians Pty Limited v Commissioner of Taxation (No 2), (‘Farah 2’) the Federal Court of Australia refused to strike out a taxpayer negligence claim against the Commissioner of Taxation. This is a significant interlocutory finding. In Australia, taxpayer negligence actions against the Commissioner of Taxation are uncommon and are typically summarily dismissed. None have proceeded to a full hearing.

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John Bevacqua
John is a Senior Lecturer, La Trobe University, School of Law, Faculty of Business, Economics and Law. - Current at 01 July 2013
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