Cusack v Commissioner of Taxation [2002] FCA 1012

Cusack v Commissioner of Taxation [2002] FCA 1012

There is only one form of Australian currency for purposes of taxation and discharge of monetary obligations, and no basis in law for the applicant's contention of two currencies with different values. The assessments were properly made in Australian currency, and no legal error occurred in the AAT's affirmation of the respondent's decision.

Jurisdiction
Australia
Judgment Date
13 August 2002
Procedural Posture
Application for Extension of Time to Appeal / Determination of Application to Extend Time for Review of Administrative Appeals Tribunal Decision
Outcome
The application to extend time to apply for review of the AAT decision is dismissed.
Legal Topics
['assessable Income' 'notices of Assessment' 'legal Tender' 'administrative Review' 'extension of Time Applications']
['taxation Law' 'administrative Law' 'currency Law'] ['assessable Income' 'notices of Assessment' 'legal Tender' 'administrative Review' 'extension of Time Applications']

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Procedural Posture

Application for Extension of Time to Appeal / Determination of Application to Extend Time for Review of Administrative Appeals Tribunal Decision

Legal Issues

  1. 1 ['Whether there are two distinct forms of Australian currency with different exchange values for tax purposes' 'Whether tax assessments were void or excessive for uncertainty based on alleged different currencies' "Whether the applicant is entitled to have income and liability expressed in 'high value' Australian dollars"]

Ratio Decidendi

There is only one form of Australian currency for purposes of taxation and discharge of monetary obligations, and no basis in law for the applicant's contention of two currencies with different values. The assessments were properly made in Australian currency, and no legal error occurred in the AAT's affirmation of the respondent's decision.

Court Disposition

The application to extend time to apply for review of the AAT decision is dismissed.

Orders

  • ['The application to extend time to apply for review of the decision of the Administrative Appeals Tribunal given on 16 March 2001 is dismissed.' "The applicant pay the respondent's costs, including reserved costs, to be taxed if not agreed."]