An important tax issue #2 – cakes

Reading tax cases is generally something that should be avoided at all costs, however, it appears that they are a rich source of (amusing) definitional issues. The issue which occupied the High Court in the 1932 case of Herbert Adams v Federal Commissioner of Taxation...

An important tax issue: are fish livestock?

Inspired by my previous post about statutory definitions of stock, I came across the 1949 High Court case of Deputy Commissioner of Taxation v Zest Manufacturing. The issue before the High Court was whether the respondent’s fish food fell within a sales tax...

Good Faith Negotiations

There has been some debate for some time about the role of “good faith” and good faith negotiations in contract law in Australia. These views were recently canvassed by the NSW Court of Appeal in United Group Rail Services Limited v Rail Corporation New...

A lesson for lawyers

There is a phenomenon in Australian corporate law called the phoenix company. Bringing about a phoenix basically involves an abuse of the corporate insolvency laws. A company trades, accumulates debts (often substantial) and then sells or transfers all its assets to a...