Federal Court of Australia
oy
CATCHWORDS
ADMINISTRATIVE CAN - judiczal review - decision of Deputy
Commissioner of Taxation - decision not to reinstate arrangements with tax agent for ledgment of income tax returns or raiiure to grant such reinstatement - objection to competency - whether
decision made under an enactment.
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ul
Admy,
McDonald Pty Ltd v. Hamence (1984) 53 ALR 136
Hawker Pacific Fty Lamited v. Freeiand (1983) 52 ALF 1285
Australian National University v. Burns (1982) 423 ALR 25
PETER JOHN BALNAVES v.
DEPUTY COMMISSIONER OF TAXATION
FORSTER J. TT.
ADELATDE a -\
A]
31 MAY 198
IN_THE FEDERAL COURT OF AUS
SOUTH AUSTRALIAN DISTRICT RE TRI
GENERAL DIVISION
MINUTE,
JUDGE MAKING ORDER WHERE' MADE DATE OF ORDER
THE COURT ORDERS THAT:
No. G14 of 1985
BETWEEN:
PETER_JCHN RALNAVES
Applicant - and - DEPUTY COMMISSIONER OF TAXATION Respondent OF _ORDER FORSTER, d. ADELAIDE
21 MAY 1985
1. The application be dismissed.
2. The applicant pay to the respondent its costs of the application.
3. The injunction granted on the 28th day of March 1985 be discharged as from this day.
Note: Settlement and entry of orders 1s dealt with in Order 36 of
the Federal Court Rules.
IN_THE FEDERAL COURT OF AUSTRALIA
:] \
SQUTH AUSTRALIAN DISTRICT. REGISTRY! ' No. G14 of 1985 }
GENERAL DIVISION
BE TWEEN: PETER J OHN_BALNAVES Applicant
- and -
DEPUTY COMMIS
In
TONER OF TAXATION
Respondent
REASONS FOR JUDGMENT
CORAM: Forster J. The applicant, a chartered accountant, registered as a
tax agent for some twelve years, seeks a review pursuant to the
Administrative Decisions
(Judicial Review) Act of a decision of
the Deputy Commissioner of Taxation communicated to the applicant by letter dated 7 February 1985 that no reinstatement of arrangements to lodge income tax returns beyond 31 December 1984 would be granted to him, or, in the alternative, the failure of the respondent to grant the said reinstatement. The review 15 sought on the grounds set out in s.5(1l)(a), 5(1)(e), S(1)(f),
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