Problem:
Melchor is a senior executive of an Australian brewing company. The company decides to expand into the European market, and Melchor is expected to be posted to Germany to take responsibility. Melchor is expected to live in Germany for at least the next 3 years, and therefore decides to lease a few apartments in different cities of Germany. Melchor has a family in Sydney, but they do not accompany him as his children are in their senior years of secondary school. Melchor travels back to Sydney to see his family as often as possible, with some years for only 30 days and other years, for 150 days. Melchor also continues to maintain his joint bank account in Australia with his spouse.
Consider whether Melchor is an Australian tax resident in these facts and the source of interest income from his bank account in Australia. Please support your answer with relevant legislation and case law and reference cases below such as Miller v FCT (1946), Joachim v FCT, FCR v Applegate, FCT v Jenkins.