Full Court Minute Books

Case M140/2013

Howard v. Commissioner of Taxation

Case No.


Case Information

Lower Court Judgment

26/10/2012  Federal Court of Australia (Middleton J, Perram J, Dodds-Streeton J)
28/11/2012 (orders pronounced)

[2012] FCAFC 149


Equity – Fiduciary duties – Duty to account – Extinguishment of duty to account – Extent of duty to account – Whether fiduciary duty to account for gains is extinguished by circumstance that gain realised results from award to fiduciary of equitable compensation – Whether fiduciary’s duty extends to bringing proceedings to protect rights in respect of which duty subsists, and to accounting for proceeds of such proceedings.

Short Particulars


08/11/2013 Hearing (SLA, Melbourne)

22/11/2013 Notice of appeal

13/12/2013 Written submissions (Appellant)

13/12/2013 Chronology (Appellant)

17/01/2014 Written submissions (Respondent)

17/01/2014 Chronology (Respondent)

31/01/2014 Reply

12/03/2014 Hearing (Full Court, Canberra) (Audio-visual recording)

11/06/2014 Judgment  (Judgment summary)