John Murphy (Lowe, Australian Labor Party, Parliamentary Secretary to the Leader of the Opposition) Share this | Link to this | Hansard source

I rise today to make a statement to the parliament about assertions I have previously made about individuals who have most improperly used family law and bankruptcy to avoid paying their fair share of tax. Members may be aware of statements I made during a public hearing of the Standing Committee on Legal and Constitutional Affairs on 5 July 2004 concerning cases of barristers, including Mr Roger de Robillard, who, on the information available to me, were taxation debtors at that time.

I have since been advised by Mr de Robillard that during 1998 or 1999 he was fined $1,500 by the Australia Taxation Office for having failed to lodge two tax returns in the mid-1990s. I have been further advised by Mr de Robillard that, although he failed to lodge his tax returns in the mid-1990s, he was incommunicado at that time and therefore unable to fulfil his obligations under revenue law. I accept in good faith Mr de Robillard’s statements that he has since lodged his taxation returns and that the Australian Taxation Office is not a creditor. I further accept his assertion that his temporary incarceration in a Vanuatu prison provided a unique set of circumstances that gave rise to his failure to lodge tax returns in accordance with taxation laws.

Nonetheless, I do not resile from assertions that I have previously made concerning other barristers who have been engaged in outrageous tax avoidance. We must remain vigilant to ensure that the outrageous circumstances where people are able to transfer all of their assets to their spouse and then go belly up so that, when the creditors arrive, they have not got a cent to their name whilst continuing to bask in a lavish lifestyle are avoided at all costs. These dishonest individuals should be caught, prosecuted and punished using the full force of the law. I trust that members understand that, following Mr de Robillard’s statements to me, I do not consider him to be one such individual.