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Federal Court judgments

Every Issue

Cite as: December 2011 85(12) LIJ, p.59

Constitutional law

Whether claim under Admiralty Act inconsistent with claim under state building statutes

In Birdon Pty Ltd v Houben Marine Pty Ltd [2011] FCAFC 126 (13 October 2011) a Full Court considered that a claim made in the Federal Court’s admiralty jurisdiction in relation to a dredge was not inconsistent with a claim in state courts for progress payments under the Building and Construction Industry Security of Payments Act 1999 (NSW).

Income tax

Capital gains tax

In C of T v Byrne Hotels Qld Pty Ltd [2011] FCAFC 127 (11 October 2011) a Full Court considered, inter alia, whether legal fees and real estate commission were liabilities for the purpose of s152-20(1) of the ITAA 1997 (Cth) “just before” the CGT event.

Income tax

Private rulings

In Mount Pritchard & District Community Club Ltd v C of T [2011] FCAFC 129 (17 October 2011) a Full Court concluded the making of a private ruling under item 9.1(c) of s50-45 of the ITAA 1997 (Cth) that the appellant was not liable to tax for the years 2003 to 2010 did not prevent the Commissioner from assessing it to tax for the years 2003 to 2007.

Trade practices

Product liability – defective medicine

In Merck Sharp & Dohme (Aust) Ltd v Peterson [2011] FCAFC 128 (12 October 2011) a Full Court reviewed the operation of the Trade Practices Act 1974 (Cth) in a class action asserting the drug Vioxx was defective and contributed to heart attacks.



THOMAS HURLEY is a Victorian barrister, ph 9225 7034, email tvhurley@vicbar.com.au. The numbers in square brackets in the text refer to the paragraph numbers in the judgment. The full version of these judgments can be found at www.austlii.edu.au.

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