Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Palassis v Commissioner of Taxation (No 2) [2012] FCA 955 Citation: Palassis v Commissioner of Taxation (No 2) [2012] FCA 955
Appeal from: The Taxpayers v Commissioner of Taxation [2011] AATA 33
Parties: STAN MICHAEL PALASSIS v THE COMMISSIONER OF TAXATION SCHEME MANAGERS PTY LTD v THE COMMISSIONER OF TAXATION SCHEME MANAGERS PTY LTD v THE COMMISSIONER OF TAXATION STAMFORDS ADVISORS AND CONSULTANTS PTY LTD v THE COMMISSIONER OF TAXATION STAMFORDS ADVISORS AND CONSULTANTS PTY LTD v THE COMMISSIONER OF TAXATION
File numbers: WAD 46 of 2011 WAD 47 of 2011 WAD 48 of 2011 WAD 49 of 2011 WAD 50 of 2011
Judge: MCKERRACHER J
Date of judgment: 3 September 2012
Corrigendum: 5 September 2012
Catchwords: APPEAL – whether Court should endorse consent minute amending the notice of appeal, allowing the appeal on a narrow procedural ground and remitting the proceeding to the Administrative Appeals Tribunal for reconsideration – whether the Administrative Appeals Tribunal constructively failed to exercise its jurisdiction by substantially reproducing the Commissioner's submissions without attribution
Cases cited: Irwin v Military Rehabilitation and Compensation Commission (2009) 174 FCR 574 Kovalev v Minister for Immigration and Multicultural Affairs (1999) 100 FCR 323 LVR (WA) Pty Ltd v Administrative Appeals Tribunal and Commissioner of Taxation [2012] FCAFC 90
Date of hearing: 30 August 2012
Place: Perth
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