Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dexcam Australia Pty Ltd v Deputy Commissioner of Taxation [1999] FCA 1784
PRACTICE AND PROCEDURE – stating case for Full Court – one party stating intention to appeal in any event – other party with limited financial resources – applicability of earlier Full Court decision in issue Federal Court of Australia Act 1976 (Cth) s 25(6) Income Tax Assessment Act 1936 (Cth) Taylor v Commissioner of Taxation (1987) 16 FCR 212 applied Point v Federal Commissioner of Taxation v Official Receiver (1956) 95 CLR 300 at 323 applied Barton v Westpac Banking Corporation (1993) 50 ALR 397 applied
DEXCAM AUSTRALIA PTY LTD v DEPUTY COMMISSIONER OF TAXATION NO. V 3023 OF 1999 HEEREY J
5 NOVEMBER 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 3023 OF 1999
BETWEEN: DEXCAM AUSTRALIA PTY LTD (IN LIQUIDATION) (ACN 007 056 877) DAVID NEIL LOCKWOOD and KENNETH STEWART SELLERS (as Liquidators)
Applicant
AND: DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA
Respondent
JUDGE: HEEREY
DATE OF ORDER: 5 NOVEMBER 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The question set out in the attached statement be decided separately from any other questions before any further trial in this proceeding. 2. Hearing is for 7 and 8 March 2000. 3. Applicants' submissions to be filed and served by 11 February 2000 and respondent's submissions by 25 February 2000. 4. Costs of this day be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 3023 OF 1999
BETWEEN: DEXCAM AUSTRALIA PTY LTD (IN LIQUIDATION) (ACN 007 056 877) DAVID NEIL LOCKWOOD and KENNETH STEWART SELLERS (as Liquidators)
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