Frugtniet v Tax Practitioners Board [2013] FCA 752

FEDERAL COURT OF AUSTRALIA

Frugtniet v Tax Practitioners Board [2013] FCA 752 Citation: Frugtniet v Tax Practitioners Board [2013] FCA 752

Appeal from: Frugtniet v Tax Practitioners Board [2013] AATA 188

Parties: RUDY NOEL FRUGTNIET v TAX PRACTITIONERS BOARD

File number: VID 267 of 2013

Judge: MURPHY J

Date of judgment: 30 July 2013

Catchwords: ADMINISTRATIVE LAW – appeal – from Administrative Appeals Tribunal – whether notice of objection to competency filed in appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) is competent – whether Federal Court Rules 2011 provide for notice of objection to competency in an appeal from the Administrative Appeals Tribunal ADMINISTRATIVE LAW – appeal – from interlocutory decision of Administrative Appeals Tribunal – whether decision by Tribunal to refuse an application for stay is a decision to which s 44 of the Administrative Appeals Tribunal Act applies – whether appeal is competent – appeal from interlocutory decision of the Administrative Appeal Tribunal is not competent PRACTICE AND PROCEDURE – application for amendment to pleadings – policy considerations relevant to whether to allow amendment to pleading – whether to allow amendment to pleadings part way through the hearing

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Crimes Act 1914 (Cth) Judiciary Act 1903 (Cth) Legal Profession Act 2004 (Vic) Rehabilitation of Offenders Act 1974 (UK) Tax Agent Services Act 2009 (Cth)