Test
| This test is not satisfied because...
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Residency - the resides test
| - although he has a residential home in Australia and his family resides here, these factors are not significant enough
- he is not physically present in Australia for a considerable period of the income year, and
- he intended to return to Sweden after a short stay in Australia for the purpose of settling his family.
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Residency - the domicile test
| - he has not conclusively demonstrated that his domicile of choice is in Australia
- Gerhardt’s circumstances indicate that he has a permanent place of abode in Sweden
- his intention of joining his family for good after completion of his contract is also not conclusive, as his actions indicate that his absence from Australia is indefinite, and
- his single visit to Australia in the nine months also adds weight to the conclusion drawn.
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Residency - the 183 day test
| he was in Australia for only one month.
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Residency - the superannuation test
| this does not apply in Gerhardt’s circumstances.
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