I thought they just all gathered at qantas chairmans lounge and argued it outAssuming this isn’t a cynical commentthe judgment(s) have already been written by the justices. The High Court won’t announce a judgment will be handed down until all justices have completed their work. Each justice can write their own judgment, or two or more justices can agree to write a joint concurring or dissenting judgement, or the court might write a unanimous judgment.
Each judge will find in favour of either the plaintiff or the defendant, and whichever side gets the majority in their favour wins the case. It can go from 7-0 to 0-7 or anything inbetween.
HC judgments aren’t things that are just dumped online, uncontrolled, with no explanation from the court itself. This case has potentially profound Constitutional consequences for taxation law in this country.
Sorry for the dry and overly serious response…
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State based EV road user charge (Overturned 18/10/23)
- Thread starter jamesgo
- Start date
Appreciate the response @Vostok, I assumed as much of course. Despite having tried (not very successfully) to pull everyone's leg with my response. As usual, my wit sounded funnier in my head.
Per Chris Vandersrock..
Yes! The High Court of Australia has ruled that Victoria’s Zero & Low Emission Vehicle tax is unconstitutional! The world's worst EV policy is GONE! This is a key moment for all Australians, and I hope that everyone is celebrating right now! #ZLEV #Tax #Gone
Well done to Chris and all the supporters.
Yes! The High Court of Australia has ruled that Victoria’s Zero & Low Emission Vehicle tax is unconstitutional! The world's worst EV policy is GONE! This is a key moment for all Australians, and I hope that everyone is celebrating right now! #ZLEV #Tax #Gone
Well done to Chris and all the supporters.
The tax (Excise) has beenruled invalid today. So Vic can no longer levy it (nor any state) and presumably will have to reimburse any payments already made.
watch this space! Of course in time the Federal Govt will introduce one to protect the revenue base.
watch this space! Of course in time the Federal Govt will introduce one to protect the revenue base.
And full 393pg judgement.
Yes, and that's exactly where this levy needs to come from, the federal government. The vast majority of us do not object to paying our fair share. It was the insidious ways with which the state of Victoria tried to do this that was causing offence - and thereby thwarting all other states from going down similarly shady roads, so to speak.
And they overturned their own verdict from 1973 in doing so. Chapeau to the high court judges!
Today is a good day!
And they overturned their own verdict from 1973 in doing so. Chapeau to the high court judges!
Today is a good day!
Undoubtedly.
But it always made far more sense at the federal level given that's where the fuel tax is also collected.
Hopefully this means the federal govt will undertake a full review and consider all aspects.
Eg. Additional GST/LCT collected on EVs (still at a premium price to ICE), GST on electricity.
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There is one case where the States have imposed what turned out to be a tax, rejected by the Wigs and then the Federal Govt did a deal to allow the State to keep the levies raised up to that point in time.
Must be amongst some of of the longest duration of time taken in High Court history to come to a decision
Having skimmed the judgement, final result was 4-3 in favour of the Applicant (ie. Vanderstock)
There are 5 different reasons/rationale in the judgement (which is quite unusual) - 4 are from individual judges, 3 against, but thankfully the first judgement from Chief Justice Kiefel, and Justices Gageler and Gleeson tipped the balance numerically.
There are 5 different reasons/rationale in the judgement (which is quite unusual) - 4 are from individual judges, 3 against, but thankfully the first judgement from Chief Justice Kiefel, and Justices Gageler and Gleeson tipped the balance numerically.
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Well I was wrong so it‘s a good thing I‘m not a lawyer 
But a 4-3 judgment is as close as it gets. A different bench, a different time, and a different judgment could have resulted!
What I am concerned about is that the loss of this future revenue will see the NSW fast charger programme slashed, delayed or curtailed, which is in no EV owner’s interest.
The states will now go cap-in-hand to the Feds.
But of even wider consequence is that this could invite more High Court challenges on other State taxes that, depending on how you squint at them, might look a little bit like a consumption tax or an excise.
so it‘s a good thing I‘m not a lawyer But a 4-3 judgment is as close as it gets. A different bench, a different time, and a different judgment could have resulted!
What I am concerned about is that the loss of this future revenue will see the NSW fast charger programme slashed, delayed or curtailed, which is in no EV owner’s interest.
The states will now go cap-in-hand to the Feds.
But of even wider consequence is that this could invite more High Court challenges on other State taxes that, depending on how you squint at them, might look a little bit like a consumption tax or an excise.
Personally I think it makes far more sense at the state/territory level, given that's where the responsibility to fund roads lies, and where the existing bureaucracy for overseeing the national road vehicle fleet largely lies.
However, shoulds and coulds don't matter in the world of is. The vertical fiscal imbalance continues, and the various governments involved will have to sort things out within the lines put down here by the court.
(I do wonder how many other vehicle-registration-adjacent charges could now be challenged on the basis that they can be construed as a tax, and therefore a tax on goods, and therefore an excise?)
bay74
Member
Ah dang, I just paid a week or two ago. I can't say I'm hopeful that we'll be refunded... Perhaps I'm too cynical.
I disagree. Local councils is where it is at.
https://alga.com.au/facts-and-figur...e up around,are managed by local governments.
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