Garrett v Commissioner of Taxation [2015] FCA 117

FEDERAL COURT OF AUSTRALIA

Garrett v Commissioner of Taxation [2015] FCA 117 Citation: Garrett v Commissioner of Taxation [2015] FCA 117

Parties: ANDREW MORTON GARRETT v COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA, JAMES O'HALLORAN, CHRIS BARLOW, ANNE EDWARDS, DEBBIE HASTINGS, AARON ELBOURNE, BRETT SWANSON, DAMIEN CHANNEL, CHRIS SPILLANE, DEBRA SIGNAL, SEAN O'DONAGHUE, ALYX SUDALL, BRETT SWANSON and JANE FERRY

File number: VID 600 of 2014

Judge: PAGONE J

Date of judgment: 26 February 2015

Corrigendum: 24 March 2015

Catchwords: PRACTICE AND PROCEDURE – Vexatious proceedings order sought by respondents against applicant pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – whether applicant has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals – whether applicant has sought to re-litigate matters previously decided – whether applicant has prepared inconsistent pleadings in different proceedings in a way that could bring the administration of justice into disrepute – whether applicant has instituted proceedings without reasonable grounds – whether applicant has instituted proceedings to harass or annoy, cause delay or detriment, or achieve another wrongful purpose.

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AM and 37AO Federal Court Rules 2011 (Cth) rr 9.08, 16.21 and 26.01 Federal Court Rules (Cth) O 21 r 1 Judiciary Act 1903 (Cth) s 39B Supreme Court Act 1935 (SA) s 39 Supreme Court Act 1986 (Vic) s 21 Taxation Administration Act 1953 (Cth) Sch 1 s 105-55 Vexatious Proceedings Act 2008 (NSW)