TAXATION LAW IN AUSTRALIA
TAXATION LAW IN AUSTRALIA
LEGAL RESEARCH

Cases, Legislation and Authorities

Taxation law is learned by moving between the statute, the cases, ATO materials and reliable commentary. The primary law always comes first.

Research method

FACT → ISSUE → EXACT PROVISION → ELEMENT → CASE / ATO AUTHORITY → APPLICATION → CALCULATION → CONCLUSION → REVIEW / REMEDY

For every important proposition ask: What source of law am I using? Is it current? What court or statutory provision gives it authority? Does the case interpret the same statutory words? Has later legislation changed the result?

Prescribed and recommended books

Prescribed textbook

Sadiq, K et al, Principles of Taxation Law (Thomson Reuters, Sydney, 2026). Course acronym: PTL.

Recommended legislation text

Sadiq, K and Pinto, Fundamental Tax Legislation (Thomson Reuters, Sydney, 2026).

Core Australian taxation-law research resources

AustLII — Commonwealth legislation

Free access to Commonwealth Acts, regulations, cases and other Australian legal materials.

Open resource →

AustLII — ATO materials

Free archive/mirror of ATO rulings and taxation materials.

Open resource →

ATO Legal Database

Official ATO rulings, determinations, legislative instruments, decisions and interpretative materials.

Open resource →

ATO — Practical Compliance Guidelines

ATO compliance approaches and risk frameworks.

Open resource →

ATO — Decision Impact Statements

ATO responses to significant court and tribunal decisions.

Open resource →

Federal Register — ITAA 1997

Official current text of the Income Tax Assessment Act 1997 (Cth).

Open resource →

Federal Register — ITAA 1936

Official current text of the Income Tax Assessment Act 1936 (Cth).

Open resource →

Federal Register — Taxation Administration Act 1953

Official current text of the Taxation Administration Act 1953 (Cth).

Open resource →

Federal Register — GST Act 1999

Official current text of A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Open resource →

Federal Register — FBT Assessment Act 1986

Official current text of the Fringe Benefits Tax Assessment Act 1986 (Cth).

Open resource →

Federal Register — Superannuation Guarantee (Administration) Act 1992

Official current series page.

Open resource →

Federal Register — Fuel Tax Act 2006

Official current versions page.

Open resource →

Federal Register — Excise Act 1901

Official Federal Register legislation source.

Open resource →

Australian Treasury — Tax policy

Policy development, consultation papers, exposure drafts and explanatory materials.

Open resource →

Australian Treasury — International tax

Tax treaties and international tax policy, including BEPS-related material.

Open resource →

Queensland Revenue Office

Queensland duties, land tax, payroll tax and state-revenue guidance.

Open resource →

Queensland Legislation — Duties Act 2001

Official Queensland legislation source for transfer duty and related duties.

Open resource →

Queensland Legislation — Land Tax Act 2010

Official Queensland legislation source for land tax.

Open resource →

Queensland Legislation — Payroll Tax Act 1971

Official Queensland legislation source for payroll tax.

Open resource →

Lexis+ Australia

Subscription research platform: cases, CaseBase, commentary and annotated legislation.

Open resource →

Westlaw Australia

Subscription research platform: commentary, legislation, cases and citator tools.

Open resource →

High Court of Australia

Official High Court judgments and court information.

Open resource →

Federal Court of Australia

Official Federal Court judgments and court information.

Open resource →

Administrative Review Tribunal

Official tribunal source for federal administrative review.

Open resource →

How to use these sources in assessed work

  1. Start with the exact Act and provision.
  2. Read the relevant cases for the legal proposition and reasoning.
  3. Use ATO rulings/guidance to understand the Commissioner’s published view and administrative approach, while distinguishing binding law from guidance.
  4. Use textbooks and subscription commentary to explain context and locate authorities.
  5. Return to the current legislation before finalising an answer.
Currency rule: tax rates, thresholds, administrative practices and legislation can change quickly. Verify current law at the date relevant to the problem.
LEGAL RESEARCH  |  TAXATION LAW IN AUSTRALIA