Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Engler v Commissioner of Taxation [2002] FCA 226
PRACTICE AND PROCEDURE - income tax - application for various forms of relief against Commissioner - application defective in form - based upon untenable propositions of law - application struck out - leave to amend with filing of statement of claim - amendment permitted but delayed pending determination of pending Administrative Appeals Tribunal proceedings.
Income Tax Assessment Act 1936 (Cth) s 166, s 170, s 173, s 175, s 177 Federal Court of Australia Act 1976 CLAUDIA CHARLOTTE ENGLER and JEFFREY KENNETH GATES v COMMISSIONER OF TAXATION W245 of 2001 FRENCH J 8 MARCH 2002 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W245 OF 2001
BETWEEN: CLAUDIA CHARLOTTE ENGLER
FIRST APPLICANT
JEFFREY KENNETH GATES
SECOND APPLICANT
AND: COMMISSIONER OF TAXATION
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 8 MARCH 2002
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The application is struck out.
2. The applicants' motion dated 23 January 2002 is dismissed.
3. The applicants have leave to file an amended application within twenty-one days of the determination of the pending proceedings in the Administrative Appeals Tribunal.
4. Any amended application is to be accompanied by a statement of claim which complies with the requirements of the Rules.
5. The applicants are to pay the respondent's costs of the respondent's motion filed 14 November 2001.
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 W245 OF 2001
BETWEEN: CLAUDIA CHARLOTTE ENGLER
FIRST APPLICANT
JEFFREY KENNETH GATES
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