On 23 October 2017, the Commissioner was granted special leave to appeal to the High Court against the Full Federal Court’s decision from earlier this year in Thomas v Commissioner of Taxation 2017 FCAFC 57.

It is hoped that the High Court will take the opportunity to make some comment regarding the alignment of taxation and trust law principles following the earlier decisions of Bamford and Greenhatch. The High Court may also make some comment on the taxpayers’ strategy to seek declaratory relief from state courts to support appeal chances before the Federal Court.

To discuss this further or for more information please contact:

Daniel Smedley
Principal | Accredited Specialist in Tax Law
Sladen Legal
M +61 411 319 327 | T +61 3 9611 0105
Level 5, 707 Collins Street, Melbourne, 3008, Victoria, Australia
dsmedley@sladen.com.au

Patricia Martins
Legal Project Manager
Sladen Legal
T +61 3 9611 0138
Level 5, 707 Collins Street, Melbourne, 3008, Victoria, Australia
pmartins@sladen.com.au