Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
A v Commissioner of Taxation [2016] FCA 1307 File number: NSD 1882 of 2016
Judge: PERRAM J
Date of judgment: 4 November 2016
Catchwords: PRACTICE AND PROCEDURE – suppression and non-publication orders – grounds for making an order – prejudice to the proper administration of justice
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG
Cases cited: ASE16 v Australian Securities and Investments Commission [2016] FCA 321 Rinehart v Rinehart (2014) 320 ALR 195
Date of hearing: 28 October 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: Mr J Hmelnitsky SC with Mr M Cosgrove
Solicitor for the Applicant: Thomson Geer
Counsel for the Respondent: Mr S Lloyd SC with Ms L Coleman
Solicitor for the Respondent: Australian Government Solicitor
ORDERS NSD 1882 of 2016
BETWEEN: A Applicant
AND: COMMISSIONER OF TAXATION Respondent
JUDGE: PERRAM J DATE OF ORDER: 4 NOVEMBER 2016
THE COURT ORDERS THAT:
1. The Court's file in this matter is to be marked suppressed. 2. Access to the Electronic Court File within the Court is to be limited to the chambers of Perram J and the Senior Co-ordinator responsible for his Honour's docket. 3. No access is to be granted to any document filed in this proceeding to any person apart from the parties or those representing them in these proceedings. 4. The applicant is to be identified as 'A' in all court documents including the transcript. 5. These orders are made because they are necessary to prevent prejudice to the proper administration of justice. 6. List the matter for directions on 13 November 2018 to review whether the orders should remain in place. 7. Orders 1 to 4 expire on 4 November 2026 or when the applicant commences proceedings under Part IVC of the Taxation Administration Act 1953 (Cth) in this Court, whichever comes first. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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