Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Rodriguez [2016] FCA 860 File number: WAD 337 of 2015
Judge: MCKERRACHER J
Date of judgment: 29 July 2016
Catchwords: SUPERANNUATION – contraventions of ss 62(1), 65(1) and 84(1) of the Superannuation Industry (Supervision) Act 1993 (Cth) SUPERANNUATION – consideration of the imposition of a civil penalty order pursuant to s 196(3) of the Superannuation Industry (Supervision) Act 1993 (Cth) – serious contravention within the meaning of s 196(4) of the Superannuation Industry (Supervision) Act 1993 (Cth) – consideration of principles and factors relevant to the assessment of an agreed monetary penalty
Legislation: Superannuation Industry (Supervision) Act 1993 (Cth) ss 62(1), 65(1)(b)(i), 71, 84(1), 197(1)
Cases cited: Australian Prudential Regulation Authority v Derstepanian [2005] FCA 1121 Australian Prudential Regulation Authority v Holloway [2000] FCA 1245 Deputy Commissioner of Taxation v Fitzgeralds [2007] FCA 1602 Deputy Commissioner of Taxation v Lyons [2014] FCA 1353 Federal Commissioner of Taxation v Ryan [2015] FCA 1037 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (2015) 229 FCR 331 Olesen v Early Sunshine Pty Ltd [2015] FCA 12 Olesen v Eddy [2011] FCA 13 Olesen v MacLeod [2011] FCA 229 Olesen v Parker [2011] FCA 1096
Date of hearing: 27 April 2016
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