Deputy Commissioner of Taxation, In the Matter of Piccinin v Piccinin [2001] FCA 1609

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation, In the Matter of Piccinin v Piccinin

[2001] FCA 1609

BANKRUPTCY - creditors petition - judgment debt - judgment of Local Court of Western Australia - alleged invalidity of judgment - alleged invalidity of appointments of Western Australian Judges and Magistrates - alleged possible want of authority for issue of penalty notices by Commissioner of Taxation underpinning judgment debt - validity of Corporations Law - no substance to objections - sequestration order made

IN THE MATTER OF NEIL PICCININ AND JEANNY PICCININ

DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA v NEIL PICCININ and JEANNY PICCININ

W7015 OF 2001

FRENCH J

7 SEPTEMBER 2001

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W7015 OF 2001

IN THE MATTER OF NEIL PICCININ AND JEANNY PICCININ

BETWEEN: DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

APPLICANT

AND: NEIL PICCININ AND JEANNY PICCININ

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 7 SEPTEMBER 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. A sequestration order be made against the estate of the debtors, Neil Piccinin, Businessman of 19 Blair Road, Yokine and Jeanny Piccinin, Businesswoman of 19 Blair Road, Yokine ("the Respondents"). 2. The Applicant creditor's costs be taxed and paid from the estates of the Respondent debtors in accordance with the Bankruptcy Act 1966. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W7015 OF 2001

IN THE MATTER OF NEIL PICCININ AND JEANNY PICCININ

BETWEEN: DEPUTY COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

APPLICANT