Lucas v Commissioner of Taxation [2015] FCA 598

FEDERAL COURT OF AUSTRALIA

Lucas v Commissioner of Taxation [2015] FCA 598 Citation: Lucas v Commissioner of Taxation [2015] FCA 598

Parties: CHRISTOPHER LUCAS and TRACEY LUCAS v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA and ADMINISTRATIVE APPEALS TRIBUNAL

File number: VID 797 of 2014

Judge: PAGONE J

Date of judgment: 17 June 2015

Catchwords: ADMINISTRATIVE LAW – application for judicial review – preliminary decision made by Administrative Appeals Tribunal in respect of certain issues arising in related proceedings – proceedings still before Tribunal pending determination of remaining issues – applicants seek to challenge preliminary decision of Tribunal by judicial review application – no appeal rights under Administrative Appeals Tribunal Act 1975 (Cth) at time of judicial review application – applicants allege preliminary decision of Tribunal affected by errors of law – whether application for judicial review should be stayed pending conclusion of proceedings before Tribunal – whether Court should exercise discretion not to entertain or grant application for judicial review – whether adequate provision for review under other laws – whether discretion not to grant application should be exercised before considering merits of application – whether first respondent likely to be prejudiced by Court's consideration of argument not raised by applicants before Tribunal – whether in interests of justice to allow applicants to rely on argument not raised before Tribunal – whether Court should express view on substantive matters in deciding whether to grant application TAXATION – capital gains tax – sale of business by trustee of unit trust – units in unit trust held by trustee of discretionary trust in favour of taxpayers – whether applicable CGT event A1 (disposal of CGT asset) or B1 (use and enjoyment before title passes) – timing of CGT event – whether taxpayers presently entitled to net income of unit trust and assessable on capital gain