Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clark v Commissioner of Taxation (No. 2) [2010] FCA 889 Citation: Clark v Commissioner of Taxation (No. 2) [2010] FCA 889
Parties: DAVID CLARK v COMMISSIONER OF TAXATION HELEN CLARK v COMMISSIONER OF TAXATION
File number(s): QUD 500 of 2006 QUD 501 of 2006
Judge: GREENWOOD J
Date of judgment: 18 August 2010
Catchwords: PRACTICE AND PROCEDURE – consideration of whether the costs of a costs hearing fall within the scope of Order 23 or whether such a hearing is a separate and independent proceeding TAXATION - consideration of whether the costs of a costs hearing fall within the scope of Order 23 or whether such a hearing is a separate and independent proceeding
Legislation: Federal Court Rules, Order 23, r 1, r 2(1), r 11(4); Order 62, r 2
Cases cited: Clark v Commissioner of Taxation [2010] FCA 415 -cited Ramsden v Federal Commissioner of Taxation [2004] FCA 681 – cited and quoted IMF (Australia) Ltd v Meadow Springs Fairway Resort Ltd (in liq) No 2 [2009] FCAFC 69 – cited and quoted Port Kembla Coal Terminal Limited v Braverus Marine Inc. (No. 2) (2004) 212 ALR 281 - cited Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 – cited and quoted BHP Coal Pty Ltd & Ors v O & K Orenstein & Koppel AG & Ors (No 2) [2009] QSC 64 – cited
Date of hearing: Submissions made on the papers
Date of last submissions: 14 May 2010
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