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Anderson's Pty Ltd v Victoria

Anderson's Pty Ltd v Victoria,[1] is a High Court of Australia case that dealt with Section 90 of the Constitution of Australia. In this case, following on from such cases as Dennis Hotels Pty Ltd v Victoria,[2] Barwick CJ accepted the broad approach to the definition of an excise, but rejected the formalistic criterion of liability approach for determining if the excise falls at the relevant step. He adopted the substance over form approach, or the substantial effects doctrine, in that there are many factors to be considered, for example, the indirectness of the tax, its effect on the cost of goods and its proximity to the production or distribution of the goods.

Anderson's Pty Ltd v Victoria
CourtHigh Court of Australia
Decided17 December 1964
Citation(s)[1964] HCA 77, (1964) 111 CLR 353
Court membership
Judge(s) sittingBarwick CJ, McTiernan, Kitto, Taylor, Menzies and Windeyer JJ

See also edit

References edit

  1. ^ Anderson's Pty Ltd v Victoria [1964] HCA 77, (1964) 111 CLR 353 (17 December 1964), High Court.
  2. ^ Dennis Hotels Pty Ltd v Victoria [1960] HCA 10, (1960) 104 CLR 529 (26 February 1960), High Court.
  • Winterton, G. et al. Australian federal constitutional law: commentary and materials, 1999. LBC Information Services, Sydney.

 

anderson, victoria, this, article, includes, list, general, references, lacks, sufficient, corresponding, inline, citations, please, help, improve, this, article, introducing, more, precise, citations, january, 2018, learn, when, remove, this, template, messag. This article includes a list of general references but it lacks sufficient corresponding inline citations Please help to improve this article by introducing more precise citations January 2018 Learn how and when to remove this template message Anderson s Pty Ltd v Victoria 1 is a High Court of Australia case that dealt with Section 90 of the Constitution of Australia In this case following on from such cases as Dennis Hotels Pty Ltd v Victoria 2 Barwick CJ accepted the broad approach to the definition of an excise but rejected the formalistic criterion of liability approach for determining if the excise falls at the relevant step He adopted the substance over form approach or the substantial effects doctrine in that there are many factors to be considered for example the indirectness of the tax its effect on the cost of goods and its proximity to the production or distribution of the goods Anderson s Pty Ltd v VictoriaCourtHigh Court of AustraliaDecided17 December 1964Citation s 1964 HCA 77 1964 111 CLR 353Court membershipJudge s sittingBarwick CJ McTiernan Kitto Taylor Menzies and Windeyer JJSee also editSection 90 of the Constitution of Australia Australian constitutional lawReferences edit Anderson s Pty Ltd v Victoria 1964 HCA 77 1964 111 CLR 353 17 December 1964 High Court Dennis Hotels Pty Ltd v Victoria 1960 HCA 10 1960 104 CLR 529 26 February 1960 High Court Winterton G et al Australian federal constitutional law commentary and materials 1999 LBC Information Services Sydney nbsp This article related to Australian law is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Anderson 27s Pty Ltd v Victoria amp oldid 1100098357, wikipedia, wiki, book, books, library,

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