Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Meara v Deputy Commissioner of Taxation [2009] FCA 1575
BANKRUPTCY – application to set aside bankruptcy notice – application not accompanied by supporting affidavit as required by r 3.02 of the Federal Court (Bankruptcy) Rules 2005 – application not competent. Bankruptcy Act 1966 (Cth)s 41(7) Federal Court (Bankruptcy) Rules 2005 r 3.02 Federal Court of Australia Rules O 62 r 54(3) Australian Securities Investment Commissioner v Forge (2003) 133 FCR 487
KENNETH IAN O'MEARA v DEPUTY COMMISSIONER OF TAXATION
NSD 907 of 2009
EDMONDS J
22 DECEMBER 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 907 of 2009
BETWEEN: KENNETH IAN O'MEARA
Applicant
AND: DEPUTY COMMISSIONER OF TAXATION
Respondent
JUDGE: EDMONDS J
DATE OF ORDER: 3 DECEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
General Division NSD 907 of 2009
BETWEEN: KENNETH IAN O'MEARA
Applicant
AND: DEPUTY COMMISSIONER OF TAXATION
Respondent
JUDGE: EDMONDS J
DATE OF ORDER: 22 DECEMBER 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicant pay the respondent's costs. 2. Any notice of motion for leave required to appeal the order made on 3 December 2009 and the order in 1 above may be filed up to but no later than 4 pm on Friday 22 January 2010.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.
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