Federal Court of Australia
CATCHRORDS
dudiciary Act - injunction restraining Commonwealth officer from exercising powers under s.263 Income Tax Assessment Act.
- whether Commissioner's actions constituted a contempt of the Administrative Appeals Tribunal and Federal Court proceedings - whether Commissioner can exercise 5.263 powers once judicial or quasi judicial proceedings involving him have commenced - whether there were "proceedings" pending in the Federal Court - whether possible to be in contempt of contemplated proceedings - nature and functions of A.A.T.
- whether Commissioner's actions constituted a contempt of Supreme Court criminal proceedings - whether Federal Court the proper forum to hear allegations concerning contempt of pending Supreme Court proceedings -
~— whether Commissioner's proposed use of information
constituted a breach of secrecy provisions of Tax Act - whether officers were acting in the performance of their duty in disclosing information.
Administrative Appeals Tribunal Act 1975 5.30, 37, 43, 63 Crimes Act 1914 5s.86(1)(b),(e) r ions 5.6(1) (fa) t 1936 5.16, 185, 186, 187, 189, 189A 5.263, 264 Judiciary Act 1903 5.398 Trade Practices Act 1974 5.155 BARRY SAUNDERS and he oa Ny V. No. G.88 of 1988 ef Ve : ( MAY 19. Pa \ 38 J mj NORTHROP J. iN /'
29 APRIL 1988 MELBOURNE
.
IN_THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) V. No. G.88 of 1988 ) GENERAL DIVISION ) BETWEEN: BARRY SAUNDERS Applicant and {s} iF COMMO! OF AUSTRALTA Respondent COURT: NORTHROP J. DATE: 29 APRIL 1988 PLACE: MELBOURNE MINUTES OF ORDER THE COURT ORDERS THAT: -
The application be dismissed with costs.
¥
V. No. G.88 of 1988
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GENERAL DIVISION BETWEEN: BARRY SAUNDERS Applicant and co =} Fr N_ OF COMMO TH OF A
Respondent CQURT: NORTHROP J. DATE : 29 APRIL 1988 PLACE: MELBOURNE
ONS _F'
NORTHROP J.
The applicant is seeking an injunction under s.39B of the Judiciary Act 1903 restraining the respondent ("the Commissioner"), an officer of the Commonwealth, fron
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