20/10/2026
The Supreme Court of Western Australia has granted the Commissioner’s application for summary judgment of $1.16m in relation to director penalty notice (DPN) liabilities against a director of an NDIS Supported Independent Living provider.
The company failed to meet PAYG withholding, SGC and GST obligations.
The director argued that she was not made aware of the DPNs, that she had taken all reasonable steps to comply, and that the fault lay with NDIS payment delays.
The Supreme Court dismissed all of these arguments.
The Court reiterated that directors are expected to keep themselves informed of tax liabilities and that NDIS funding issues do not excuse statutory tax duties.
Case: Deputy Commissioner of Taxation v Moyo (2026) WASC 434, 7 October 2026