Dr. Campbell Rankine will lead us again through Fischer v Nemeske, this time through the lens of how it was considered in Bendel. In particular we will consider the Judgement of Gageler J and whether his honour is actually closer to the views of the dissenting Gordon J than the majority of French CJ and Bell J. Does this mean that there is a reconstituted majority opinion of Gageler J and Gordon J, or is Gageler J providing a third view?
Required Reading:
Fischer v Nemeske Pty Ltd (Gageler J only)
Bendel and Commissioner of Taxation (Taxation) [2023] AATA 3074