Cusack v Commissioner of Taxation [2002] FCA 1012

FEDERAL COURT OF AUSTRALIA

Cusack v Commissioner of Taxation [2002] FCA 1012 INCOME TAX - Assessable income - liability to taxation - default notices of assessment - whether notices void for uncertainty - where applicant claims existence of two distinct forms of currency with different exchange values in Australia - where applicant claims option to have income expressed in and assessment made in high value Australian dollars which reduces numerical expression of assessable income and liability to pay tax. Administrative Appeals Tribunal Act (1975) (Cth) Currency Act 1965 (Cth) Reserve Bank Act 1959 (Cth) Income Tax Assessment Act 1936 (Cth) Bonython v The Commonwealth of Australia (1948) 75 CLR 589Appl Stanwell Park Hotel Co Ltd v Leslie (1952) 85 CLR 189 Cited CA Parsons & Co Ltd v Electricity Trust (SA) (1976) 16 SASR 93 Cited Electricity Trust (SA) v CA Parsons & Co Ltd (1978) 18 ALR 225 Cited Commissioner of Taxation v Energy Resources of Australia Ltd (1995) 54 FCR 25 (FC) Cited Deputy Federal Commissioner of Taxation v Conley (1998) 98 ATC 5090 (FC) Cited Payne v Federal Commissioner of Taxation (1934) 51 CLR 197 affirmed on appeal in the Privy Council (1936) 55 CLR 158; [1936] AC 497 Cited Treseder-Griffin v Co-Operative Insurance Society Ltd [1956] 2 QB 127 (CA) Cited Californian Copper Syndicate Ltd v Harris (1904) 5 TC 159 Cited Jenkins v Horn (Inspector of Taxes) [1979] 2 All ER 1141 Cited PATRICK LEO CUSACK v COMMISSIONER OF TAXATION Q186 OF 2001 COOPER J BRISBANE 13 AUGUST 2002

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q186 OF 2001

BETWEEN: PATRICK LEO CUSACK

APPLICANT

AND: COMMISSIONER OF TAXATION

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 13 AUGUST 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application to extend time to apply for review of the decision of the Administrative Appeals Tribunal given on 16 March 2001 is dismissed. 2. The applicant pay the respondent's costs, including reserved costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.