7. Husher-v-Husher (1999) HCA 47 Substance over Form!
Recent Court decisions have determined that an assessment of economic loss should be based on a party's actual role, duties and contribution to the business. This may differ from a taxation treatment of the business's income. In assessing the economic loss of one of two partners who has suffered an injury causing economic loss, the taxation solution may be to split the income 50/50 between the partners. However an accounting assessment may consider actual roles and contributions to the earnings of the business. This may lead to an assessment somewhat different from 50 per cent.