Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
On Call Interpreters and Translators Agency Pty Ltd v Commissioner of Taxation (No 2) [2010] FCA 258 Citation: On Call Interpreters and Translators Agency Pty Ltd v Commissioner of Taxation (No 2) [2010] FCA 258
Parties: ON CALL INTERPRETERS AND TRANSLATORS AGENCY PTY LTD (ACN 006 272 760) v COMMISSIONER OF TAXATION
File number(s): VID 409 of 2009
Judge: BROMBERG J
Date of judgment: 23 February 2010
Catchwords: PRACTICE AND PROCEDURE – s 78B notices – whether court should continue to hear matters said to be severable from matters arising under Constitution – s 78B(2)(c).
Legislation: Judiciary Act 1903, s 78B Superannuation Guarantee (Administration) Act 1992, s 12
Cases cited: Agtrack (NT) Pty Ltd v Hatfield (2005) 223 CLR 251 Fencott v Muller (1983) 152 CLR 570
Date of hearing: 23 February 2010
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 15
Counsel for the Applicant: Ms F O'Brien SC with Mr G Hill
Solicitor for the Applicant: McNab Lawyers
Counsel for the Respondent: Mr P Sest
Solicitor for the Respondent: Maddocks Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION VID 409 of 2009
BETWEEN: ON CALL INTERPRETERS AND TRANSLATORS AGENCY PTY LTD (ACN 006 272 760)
Applicant
AND: COMMISSIONER OF TAXATION
Respondent
JUDGE: BROMBERG J
DATE OF ORDER: 23 FEBRUARY 2010
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The applicant have leave to amend its application and its appeal statement by raising a constitutional challenge to the Superannuation Guarantee (Administration) Act 1992 to the effect that the tax imposed by that Act is not a tax for a public purpose. 2. The hearing listed to commence 1 March 2010 is vacated. 3. The matter be listed for a directions hearing at 9.30 am on 12 March 2010. 4. The costs of and incidental to the hearing today and the costs of and incidental to the adjournment of the hearing listed to commence on 1 March 2010 be reserved.
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