Richardson v Commissioner of Taxation (No. 1) [2007] FCA 339

FEDERAL COURT OF AUSTRALIA

Richardson v Commissioner of Taxation (No. 1) [2007] FCA 339 Commonwealth v John Fairfax & Sons Ltd (1980) 147 CLR 39 cited Westpac Bowling Corporation v John Fairfax Group Pty Ltd (1991) 19 IPR 513 distinguished Cashman v Ackland [2001] NSWSC 863 cited GRAHAM FREDERICK RICHARDSON v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA NSD 120 OF 2007

EDMONDS J

12 MARCH 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 120 of 2007

BETWEEN: GRAHAM FREDERICK RICHARDSON

Applicant

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent

JUDGE: EDMONDS J DATE OF ORDER: 12 MARCH 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The access granted to Ms Moran to the Order 52B documents filed by the respondent on Monday 5 March 2007 in this proceeding is hereby revoked. 2. The order made on 7 March 2007, namely: 'Until further order, the proprietor and publisher of The Australian newspaper be prohibited from publishing in that newspaper or in any other newspaper owned and published by it any material concerning the income tax affairs of Graham Richardson in reliance on information obtained by Susannah Moran through her being granted access to Court file no. NSD 120 of 2007 on 6 March 2007.' is hereby varied by deleting all words after the words 'any material' and inserting instead 'derived solely from the return of income of the applicant for the year ended 30 June 1996'. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 120 of 2007

BETWEEN: GRAHAM FREDERICK RICHARDSON

Applicant

AND: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA