Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Caason Investments Pty Ltd v International Litigation Partners No.3 Ltd [2018] FCAFC 176 Appeal from: Caason Investments Pty Limited v Cao (No 2) [2018] FCA 527
File number: NSD 2254 of 2017
Judges: ALLSOP CJ, MIDDLETON AND PERRAM JJ
Date of judgment: 18 June 2018
Date of publication of reasons: 18 October 2018
Catchwords: CONSTITUTIONAL LAW – whether primary judge had jurisdiction to determine dispute between lead applicant to Pt IVA proceeding and funder – whether there was a matter before the Court – whether the dispute was in federal jurisdiction – where lead applicant claimed input tax credits for solicitors' fees on behalf of funder – where lead applicant claimed equitable set-off against funder with claim for reasonable costs
Legislation: Constitution Ch III A New Tax System (Goods and Services Tax) Act 1999 (Cth) divs 9, 11, 17 Federal Court of Australia Act 1976 (Cth) ss 22, 33V, 33ZF Federal Court Rules 2011 (Cth) r 9.12
Cases cited: Australian Securities and Investments Commission v Richards [2013] FCAFC 89 Corporate Affairs Commission v Bradley [1974] 1 NSWLR 391 Federal Commissioner of Taxation v Thomas [2018] HCA 31 Forestry Tasmania v Brown (No 2) [2007] FCA 604; 159 FCR 467 In re Judiciary and Navigation Acts [1921] HCA 20; 29 CLR 257 Kelly v Willmott Forests Ltd (In liq) (No 4) [2016] FCA 323 Kennedy v Australasian Coal and Shale Employees Federation (1983) 78 FLR 252 McMullin v ICI Australia Operations Pty Ltd [1998] FCA 658; 84 FCR 1 Modtech Engineering Pty Limited v GPT Management Holdings Limited (No 2) [2013] FCA 1163 Palmer v Ayres [2017] HCA 5; 259 CLR 478 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd [1981] HCA 7; 148 CLR 457 Poignand v NZI Securities Australia Ltd [1992] FCA 536; 37 FCR 363 Re Wakim; ex parte McNally [1999] HCA 27; 198 CLR 511 Morabito V, "An Empirical and Comparative Study of Reimbursement Payments to Australia's Class Representatives and Active Class Members" (2014) 33(2) C.J.Q. 175
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