Deputy Commissioner of Taxation v Raptis

[2021] FCA 1192

Federal Court of Australia30 September 2021

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Judges

Collier J

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Case Details

Citation[2021] FCA 1192

CourtFCA

JurisdictionCommonwealth

Decision Date30 September 2021

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Judgment

Judges

Collier J

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

Deputy Commissioner of Taxation v Raptis at [30]

Where a guarantor seeks to set aside a guarantee on the ground of unconscionable conduct by the lender, the guarantor must establish both that they were under a special disadvantage and that the lender knew or ought to have known of that disadvantage

Where a guarantor seeks to set aside a guarantee on the ground of unconscionable conduct by the lender, the guarantor must establish both that they were under a special disadvantage and that the lender knew or ought to have known of that disadvantage.

Deputy Commissioner of Taxation v Raptis at [37]

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Case Details

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Judgment

Built by Barristers,
For Australian Law.