Williams v Forgie [2003] FCA 991

FEDERAL COURT OF AUSTRALIA

Williams v Forgie [2003] FCA 991 PRACTICE AND PROCEDURE – application for inspection of documents on Court file -whether discretion affected by previous common law rule - effect of increasing practice of judicial reliance on out of court reading - suggested effect of inhibition of voluntary disclosure by taxpayers to Commissioner of Taxation - inspection only refused in exceptional circumstances Income Tax Assessment Act 1936 (Cth) s 16 Taxation Administration Act 1953 (Cth) s 8WB Federal Court Rules O 46 r 6(3)

Australian Competition and Consumer Commission v ABB Transmission and Distribution Ltd (No 3) (2003) 41-873 followed Canadian Pacific Tobacco Ltd v Stapleton (1952) 86 CLR 1 cited Pooraka Holdings Pty Ltd v Participation Nominees Pty Ltd (1989) 52 SASR 148 followed Scott v Scott [1913] AC 417 cited Herald & Weekly Times Limited v Gregory D Williams (formerly identified as VAI) [2003] FCAFC 217 cited GREGORY D WILLIAMS v DEPUTY PRESIDENT FORGIE OF THE AAT & ANOR V741 of 2002 HEEREY J MELBOURNE 16 SEPTEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V741 of 2002

BETWEEN: GREGORY D WILLIAMS

APPLICANT AND: DEPUTY PRESIDENT FORGIE OF THE AAT & ANOR

RESPONDENT JUDGE: HEEREY J

DATE OF ORDER: 16 SEPTEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The Herald and Weekly Times Limited (HWT) have leave to inspect outlines of evidence, statements of contentions of fact and law and affidavits filed in this proceeding. 2. The Commissioner of Taxation pay HWT's costs of this application. 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 V741 of 2002