Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dolevski v Hodpik Pty Ltd [2011] FCA 54 Citation: Dolevski v Hodpik Pty Ltd [2011] FCA 54
Parties: MARINA DOLEVSKI SUING IN HER CAPACITY AS ASSISTANT COMMISSIONER OF TAXATION, SUPERANNUATION v HODPIK PTY LTD ACN 078 105 709, ANDREW PIKE and JILL STROUD
File number: NSD 1137 of 2009
Judge: YATES J
Date of judgment: 7 February 2011
Catchwords: SUPERANNUATION – self-managed superannuation fund - contraventions of ss 62(1), 84(1) and 109(1) of the Superannuation Industry (Supervision) Act 1993 (Cth) (the Act) established – whether contraventions due to reasonable reliance on information supplied by another person or due to reasonable mistake such that defences under s 323(2) of the Act may be relied upon – whether respondents acted honestly in all the circumstances of the case such that defence under s 221(2) of the Act may be relied upon Held: Defences under ss 323(2) and 221(2) of the Act available. Application dismissed.
Legislation: Superannuation Industry (Supervision) Act 1993 (Cth), ss 62(1), 82, 83, 84(1), 109(1), 221, 323
Cases cited: Vivian (Deputy Commissioner of Taxation (Superannuation)) v Fitzgeralds [2007] FCA 1602; (2007) 69 ATR 834
Date of hearing: 15 November 2010, 2 December 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 74
Counsel for the Applicant: E A Collins SC
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondents: A Blank
Solicitor for the Respondents: Colin Daley Quinn
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1137 of 2009
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate