Bryan Pape

Bryan Pape was a senior lecturer at the University of New England, New South Wales, Australia[1] and a former office holder and member of the National Party of Australia,[2] who in Pape v Commissioner of Taxation (April 2009) lost[3] his challenge to the constitutional legality of the Kevin Rudd Government's proposed $7.7 billion tax bonus payments as part of the $42 billion economic stimulus package in the High Court of Australia.

A fervent and longtime believer in federalism and state's rights,[4] Pape argued the case himself as a "concerned lawyer".[5] He argued that the $900 stimulus payments anticipated to be made to 7.4 million Australians beginning 6 April were not a valid extension of the Commonwealth's taxation powers but a gift, and the Commonwealth has no constitutional power to spend consolidated revenue on gifts under section 81 and 83 of the Australian Constitution.[6]

Whilst Pape has disagreed with previous government stimulus packages, he then had no standing to take the Commonwealth to court. The $900 tax rebate is the first that he would be eligible to receive and thus enabled him to take the matter to the high court. While the High Court unanimously rejected the Commonwealth's submission that it could rely on its use of s 81 of the Constitution to support the expenditure, it upheld the Commonwealth's submission that it could do so by relying on the executive power (s.61 of the Constitution] and the incidental power [s.51 (xxxix) of the Constitution] by a thin majority of 4:3. [See (2009) 238 CLR 1]

Pape believed that if he were successful, "the Government could still give the bonus just through... giving a rebate and letting the money flow through the PAYG system."[7]

Bryan died peacefully at his home in Armidale on Sunday evening, 27 April 2014. His last public act was to officiate at the service that morning at Armidale Anglican cathedral. He died surrounded by the books he was currently reading, one of which was an aid to writing better English. He had always encouraged his law students to aspire to writing simple, elegant straightforward prose. He had fought hard to maintain academic standards, and was a critic of soft marking. He will be remembered as a man of integrity by those who knew and worked with him.

References

  1. ↑ "Archived copy". Archived from the original on 23 August 2011. Retrieved 2011-08-02.
  2. ↑ Sexton, Elisabeth (19 March 2009). "$900 bonus at risk". Melbourne: The Age Online.
  3. ↑ "High Court says yes to $900 bonus". The Sydney Morning Herald.
  4. ↑ "Altered States". The Sydney Morning Herald. 25 January 2005.
  5. ↑ "Kevin Rudd's bonus in Bryan Pape High Court challenge". News.com.au. 19 March 2009.
  6. ↑ Harper, Angela (31 March 2009). "Stimulus cheques hang in balance". Melbourne: The Age Online.
  7. ↑ http://www.abc.net.au/news/stories/2009/04/02/2532768.htm

External links


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