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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43288
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My husband had s own small consulting business and has been

Customer Question

Hi
My husband had his own small consulting business and has been charged for not submitting his tax returns and bas statements. Since receiving the notice he has had his taxes done by an accountant and submitted them. He has signed the court documents and pleaded guilty, my question is does he need to be present at the Magistrates Court? We are unclear about whether or not he has to attend? THanks.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

He should go to court

If he does not then the court will not show any leniency.

If he has good reasons for being late such as illness, etc the court can consider not convicting him.

They allow you to send in a letter but they are never as lenient when the defendant does not show as it appears that they did not care.

He may be able to get the court to agree and deal with the matter under section 19B of the Crimes Act with no conviction

http://www.austlii.edu.au/au/legis/cth/consol_act/ca191482/s19b.html

He should have a solicitor and see what he can do.

This means he will not have a record.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon