Macquarie Bank Limited v Commissioner of Taxation [2013] FCA 887

FEDERAL COURT OF AUSTRALIA

Macquarie Bank Limited v Commissioner of Taxation [2013] FCA 887 Citation: Macquarie Bank Limited v Commissioner of Taxation [2013] FCA 887

Parties: MACQUARIE BANK LIMITED (ACN 008 583 542) and MACQUARIE GROUP LIMITED (ACN 122 169 279) v COMMISSIONER OF TAXATION and JAMES CAMPBELL

File number(s): NSD 198 of 2013

Judge(s): EDMONDS J

Date of judgment: 3 September 2013

Catchwords: ADMINISTRATIVE LAW – application to review decision of Commissioner and his delegate to refuse to apply his view of the law on the allocation of Offshore Banking Unit expenses solely on a prospective basis – whether decision sought to be reviewed is a decision to which the Administrative Decisions (Judicial Review) Act 1977 (Cth) applies: whether decision is one made under an enactment; whether decision is one leading up to the making of assessments under the Income Tax Assessment Act 1936 (Cth) and/or Income Tax Assessment Act 1997 (Cth) that falls within para (e) of Sch 1 thereof – whether application liable to be summarily dismissed pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) on the ground that the applicants have no reasonable prospect of successfully prosecuting the proceeding – construction and operation of ATO Practice Statement – legal effect of same – relief sought would not serve purpose for which such relief is granted

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5, 6, 7, 8, Sch 1 Judiciary Act 1903 (Cth) s 39B Income Tax Assessment Act 1936 (Cth) Div 9A, Div 11A, ss 8, 105A, 105AA, 109, 121C, 121EF, 128AE, 166A, 167, 170, 177F Income Tax Assessment Act 1997 (Cth) ss 4-10, 4-15, 6-5, 6-10, 8-1, 8-5, 10-5, 12-5, 25-90, 995-1 Federal Court of Australia Act 1976 (Cth) s 31A Financial Management and Accountability Act 1997 (Cth) s 44 Income Tax Rates Act 1986 (Cth) Taxation Administration Act 1953 (Cth) Pt IVC Migration Act 1958 (Cth)