Case Law

This page shows a summary of relevant case law. To view the section of legislation to which the case law applies, click the link below:

Case Law

The Supreme Court held that the provisions of the earlier legislation (ss 192 – 197 ITA 1967) insofar as these sections provide for the aggregation of the earned incomes of married couples and thereby impose a higher tax rate were repugnant to the Constitution and invalid. The State breeched its undertaking under the Constitution to guard with special care the institution of marriage and to protect it against attack. Supreme Court Decision. Murphy v The Attorney General 1980 V ITR 613

This appeal considered whether the joint basis of assessment was available to a separated taxpayer. 09TACD2021

This appeal concerns the withdrawal of the joint basis of assessment for a separated married taxpayer who continued to reside in the family home and maintained his spouse and children. 12TACD2021