Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Donoghue v Commissioner of Taxation (No 2) [2015] FCA 641 Citation: Donoghue v Commissioner of Taxation (No 2) [2015] FCA 641
Parties: SANDRA LYNNE DONOGHUE v COMMISSIONER OF TAXATION
File number: QUD 838 of 2013
Judge: DOWSETT J
Date of judgment: 20 April 2015
Catchwords: PRACTICE AND PROCEDURE – application for leave to read and file affidavits at hearing – where delay and non-compliance with case management orders – where explanation is based on earlier financial incapacity, lack of awareness, inability, and reliance on others – where the respondent may be prejudiced by new matters raised – application dismissed.
Legislation: Federal Court Rules 2011 (Cth) Part IV
Cases cited: Multigroup Distribution Services Pty Ltd v TNT Australia Pty Ltd [2001] FCA 1144 Samsung Electronics Co. Ltd v Apple Inc. [2013] FCAFC 138 State Pollution Control Commission v Australian Iron and Steel Pty Ltd (No 2) (1992) 29 NSWLR 487
Date of hearing: 20 April 2015
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 23
Counsel for the Applicant: Mr M Henry
Solicitor for the Applicant: Queensland Commercial Lawyers
Counsel for the Respondent: Mr G Del Villar
Solicitor for the Respondent: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION QUD 838 of 2013
ON APPEAL FROM THE COMMISSIONER OF TAXATION
BETWEEN: SANDRA LYNNE DONOGHUE
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