Queensland Trading & Holding Company Limited v Commissioner of Taxation [2004] FCA 1036

FEDERAL COURT OF AUSTRALIA

Queensland Trading & Holding Company Limited v Commissioner of Taxation [2004] FCA 1036

PRACTICE AND PROCEDURE – income tax dispute – taxpayer member of large public company group – taxpayer's unsuccessful application for review to this Court and subsequent unsuccessful appeal to Full Federal Court – pending application to High Court for special leave to appeal – very large number of public company subsidiaries related to taxpayer subsequently subjected to adverse income assessments including substantial penalties – agreement governing access to substantial funds already paid to Commissioner on account of income tax and penalties – whether access to funds be granted in principle pending outcome of special leave application – whether compliance by Commissioner of Federal Court Rules as to taxation disputes be dispensed with – whether standstill orders be put into effect – other directions of unusual nature

Spassked Pty Limited v Federal Commissioner of Taxation (2003) ATC 4184 Spassked Pty Limited v Federal Commissioner of Taxation (2003) ATC 5099 Rippon v Chilcotin Pty Ltd [2001] 53 NSWLR 198

Income Tax Assessment Act 1936 (Cth) ss 51(1), 80G, 227(3) and Part IVA Taxation Administration Act 1953 (Cth) ss 255-5 and 260-5 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13(4A) and Schedule 1 item (ga) Federal Court Rules Order 1 rule 8, Order 10 rules 1 and 2(1)(e) and Order 52B rule 5 QUEENSLAND TRADING AND HOLDING COMPANY LIMITED, IEL FINANCE LTD v COMMISSIONER OF TAXATION N 540 OF 2004 N 539 OF 2004 N 543 OF 2004 CONTI J 11 AUGUST 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 540 OF 2004

N 539 OF 2004

N 543 OF 2004

BETWEEN: QUEENSLAND TRADING AND HOLDING COMPANY LIMITED