Country : Australia
Assignment Task

 

THE DECISION AT FIRST INSTANCE At first-instance, Justice Logan held that Mr Pike was a resident of Australia under the ordinary concepts test for the income years ended 30 June 2009 to 30 June 2016, and that Mr Pike was a resident under the domicile test from April 2014. Regarding the application of the DTA, Justice Logan held that Mr Pike:

- had no permanent home in Australia or Thailand

- had a habitual abode in both; and

- his closer personal and economic relations were with Thailand, with the result that Mr Pike was a resident solely of Thailand for the purposes of the DTA.

 

The Commissioner did not agree with the decision of Justice Logan, that is, that Mr Pike was solely a resident of Thailand and that his closer personal and economic relations were with Thailand. The Commissioner also disagreed with Justice Logan’s finding that Mr Pike was not a resident of Australia under the domicile test before April 2014. Mr Pike cross-appealed the findings that he was a resident according to ordinary concepts and that he satisfied the domicile test from April 2014. Mr Pike argued that Justice Logan made an error in finding that he had a habitual abode in both Australia and Thailand. The matter went to the Full Federal Court on appeal and both the appeal and cross-appeal were dismissed.

 


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  • Posted on : August 25th, 2019
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