Sibir v Australian Taxation Office [2000] FCA 968

FEDERAL COURT OF AUSTRALIA

Sibir v Glenville [2000] FCA 968 PRACTICE AND PROCEDURE – unrepresented applicant seeking to file statement of claim – appropriate procedure where respondents seek summary dismissal. Income Tax Assessment Act 1936 (Cth), ss 177, 185, 188. Fair Trading Act 1987 (NSW). Federal Court Rules, O 4 r 6; O 6 r 8; O 13 r 3.

ALEX SIBIR v DARREN GLENVILLE & ORS N 413 of 2000 SACKVILLE J 20 JULY 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 413 OF 2000

BETWEEN: ALEX SIBIR

APPLICANT

AND: DARREN GLENVILLE

FIRST RESPONDENT

RICHARD CHAN

SECOND RESPONDENT

OHNMAR KHIN

THIRD RESPONDENT

RON THOMPSON

FOURTH RESPONDENT JUDGE: SACKVILLE J

DATE OF ORDER: 20 JULY 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Subject to par 2, the applicant is to be taken as having filed the statement of claim in these proceedings on 22 June 2000. 2. The respondents are to have leave, if so advised, to file a motion seeking orders striking out the statement of claim and dismissing the proceedings. 3. Any such motion and affidavits in support (a) must be filed and served by 4 pm on 25 July 2000; (b) may be made returnable at 9.30 am on 3 August 2000. 4. The respondents should file and serve written submissions in support of the relief sought in any motion filed and served in accordance with par 3 by 4 pm on 25 July 2000. 5. If any motion is filed and served in accordance with par 3, the applicant is (a) to file and serve any affidavits in opposition to the motion; and (b) to file and serve written submissions in opposition to the motion, by 4 pm on 30 July 2000. 6. The proceedings stand over to 3 August 2000 at 9.30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.