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Berry v Commissioner of Taxation

[2015] FCA 1244

Federal Court of Australia · 19 November 2015 · Official judgment

Cited by 2 indexed judgments

All Cited 2

2016: 1 citing judgment 2022: 1 citing judgment 2015 2016 2018 2020 2022 2024 2026
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Charara v Commissioner of Taxation [2016] FCA 451 Cited Federal Court of Australia · cited 7× · judgment
  2. Onassys v Comcare [2022] FCA 90 Cited Federal Court of Australia · cited 6× · judgment

Tree of authority

Built on

The authorities this case relies on, earliest first, and the authorities those relied on. Open a branch to go further back.

Built upon

Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

Authorities cited (17)

Earliest first, with how this judgment treated each.

  1. Coulton v Holcombe [1986] HCA 33 Cited cited 1,127×
  2. Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40 Cited cited 2,191×
  3. Federal Commissioner of Taxation v Raptis [1989] FCA 557 Cited cited 26×
  4. Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Cited cited 452×
  5. Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd [1994] FCA 1074 Cited cited 57×
  6. Comcare v Smith, Russell Edward [1997] FCA 140 Cited
  7. Guse, Jacek v Comcare [1997] FCA 961 Cited cited 11×
  8. Johnson v Johnson [2000] HCA 48 Cited cited 574×
  9. Australian Competition & Consumer Commission v Bio Enviro Plan Pty Ltd [2003] FCA 232 Cited cited 17×
  10. Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232 Cited cited 192×
  11. Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Ltd [2003] FCAFC 244 Cited cited 82×
  12. SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63 Cited cited 914×
  13. Hussain v Minister for Foreign Affairs [2008] FCAFC 128 Cited cited 69×
  14. Cabcharge Australia Ltd v Australian Competition and Consumer Commission [2010] FCAFC 111 Cited cited 48×
  15. Osland v Secretary to the Department of Justice [2010] HCA 24 Cited cited 90×
  16. Minister for Immigration and Citizenship v Li [2013] HCA 18 Cited cited 1,516×
  17. Haritos v Commissioner of Taxation [2015] FCAFC 92 Cited cited 286×
How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.