Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Olesen v MacLeod [2011] FCA 229 Citation: Olesen v MacLeod [2011] FCA 229
Parties: NEIL OLESEN SUING IN HIS CAPACITY AS DEPUTY COMMISSIONER OF TAXATION (SUPERANNUATION) v MARK ANDREW MACLEOD
File number: WAD 328 of 2010
Judge: BARKER J
Date of judgment: 17 March 2011
Catchwords: SUPERANNUATION — where contraventions of s 62(1) and s 65(1) of the Superannuation Industry (Supervision) Act 1993 (Cth) have been admitted — where declarations are sought that would reflect those admissions. SUPERANNUATION — consideration of the imposition of a civil penalty order pursuant to s 196(3) of the Superannuation Industry (Supervision) Act 1993 (Cth) — whether the conduct amounts to a serious contravention — whether a monetary penalty should be ordered – consideration of other principles and factors relevant to the assessment of an appropriate penalty.
Legislation: Building and Construction Industry Improvement Act 2005 (Cth)Crimes Act 1914 (Cth) s 4AASuperannuation Industry (Supervision) Act 1993 (Cth) s 10(1), s 19, s 62(1), s 65(1), s 193, s 196
Cases cited: Australian Prudential Regulation Authority v Derstepanian [2005] FCA 1121 Australian Prudential Regulation Authority v Holloway [2000] FCA 1245 McDonald v Australian Building and Construction Commissioner [2011] FCAFC 29Olesen v Eddy [2011] FCA 13 Raelene Vivian, suing in her capacity as the Deputy Commissioner of Taxation (Superannuation) v Fitzgeralds [2007] FCA 1602
Date of hearing: 14 March 2011
Place: Perth
Division: GENERAL DIVISION
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