Dahler v Australian Capital Territory [2016] FCA 257

FEDERAL COURT OF AUSTRALIA

Dahler v Australian Capital Territory [2016] FCA 257 File number: ACD 76 of 2014

Judge: KATZMANN J

Date of judgment: 21 March 2016

Catchwords: PRACTICE AND PROCEDURE — Review of powers exercised by registrar/taxation officer — review of power to issue certificate of taxation — review of power to remove a document from a court file — review of power to pay money into and out of Litigants' Fund PRACTICE AND PROCEDURE — Application for extension of time to file a notice of objection to an estimate of costs PRACTICE AND PROCEDURE — Costs — order that costs of unsuccessful litigant be paid personally by the litigant's barrister — whether costs of a government solicitor recoverable where government client not charged PRACTICE AND PROCEDURE — Stay of proceedings — "stay" of certificate of taxation

Legislation: Acts Interpretation Act 1901 (Cth), s 18A Federal Court of Australia Act 1976 (Cth), s 35A Federal Court Rules 2011 (Cth), rr 1.39, 2.01, 2.21, 2.25, 2.27, 2.28, 2.29, 2.42, 2.43, 3.01, 3.11, 9.05, 17.01, 31.01, 31.11, 40.12, 40.17, 40.19, 40.20, 40.21, 40.32, 41.03, Schedule 2 items 102A and 106 Judiciary Act 1903 (Cth), s 55H

Cases cited: Cachia v Haines (1994) 179 CLR 403 Calder v Commissioner of Taxation [2006] FCA 1299 Commonwealth Bank of Australia v Hattersley (2001) 15 NSWLR 333 Dahler v Australian Capital Territory [2014] FCA 946 Dahler v Australian Capital Territory (No 2) [2014] FCA 1154 Deputy Commissioner of Taxation v Starpicket Pty Ltd (No 2) [2013] FCA 699 Hamden v Secretary, Department of Human Services [2013] FCA 3 Harold v Smith (1860) 5 H & N 381 Harris v Caladine (1991) 172 CLR 84 Hunter Valley Developments Pty Limited v Cohen (1984) 3 FCR 344 Inglis v Moore (No 2) (1979) 46 FLR 470 Shaw v Yarranova Pty Ltd [2011] VSCA 55 at [8] Territory Realty Pty Ltd v Garraway (No 3) [2013] FCA 914