Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Higgins v Hancock as Liquidator of 246 Arabella Investments Pty Ltd (in liq) [2011] FCA 1492 Citation: Higgins v Hancock as Liquidator of Arabella Investments Pty Ltd (in liq) [2011] FCA 1492
Parties: CHRISTOPHER LYNDON HIGGINS v GEOFFREY TRENT HANCOCK AS LIQUIDATOR OF 246 ARABELLA INVESTMENTS PTY LTD (IN LIQUIDATION) (ACN 001 085 481), COMMISSIONER OF TAXATION
File number(s): NSD 1570 of 2011
Judge: JACOBSON J
Date of judgment: 21 December 2011
Catchwords: PRACTICE AND PROCEDURE – Application for preliminary discovery by director of company against the Commissioner of Taxation pursuant to Rule 7.23 of the Federal Court Rules 2011 (Cth) – comparison with preliminary discovery under O 15A r 6 of the Federal Court Rules 1979 (Cth) – documents in question were disseminated to Australian Tax Office by Australian Crime Commission pursuant to s 59 of the Australian Crime Commission Act 2002 (Cth) – documents alleged to have influenced income tax assessment of company
Legislation: Australian Crime Commission Act 2002 (Cth), s 59 Corporations Act 2001 (Cth), s 511 Income Tax Assessment Act 1936 (Cth), ss 51, 175, 177 and 264 Income Tax Assessment Act 1997 (Cth), s 8-1 Judiciary Act 1903 (Cth), s 39B Federal Court Rules 1979 (Cth), O 15A r 6 Federal Court Rules 2011 (Cth), Rule 7.23
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