Waters v Commonwealth of Australia (Australian Taxation Office) [2017] FCA 312

FEDERAL COURT OF AUSTRALIA

Waters v Commonwealth of Australia (Australian Taxation Office) [2017] FCA 312 File numbers: NSD 108 of 2014

Judges: GRIFFITHS J

Date of judgment: 27 March 2017

Catchwords: PRACTICE AND PROCEDURE – application for recusal on the ground of apprehended bias – application dismissed with costs – application for variation of security for costs order – whether material changes of circumstances since the security for costs order was made – application dismissed with costs – application to disqualify respondent from filing any further interlocutory application in the proceeding – application dismissed with costs – application by respondent for substantive proceeding to be dismissed for failure to comply with order for payment of security for costs – self-executing order made

Legislation: Federal Court of Australia Act 1976 (Cth), s 56 Federal Court Rules 2011 (Cth), r 1.32, 5.21, 5.23, 19.01, 39.05

Cases cited: ALA15 v Minister for Immigration and Border Protection [2016] FCAFC 30 Austcorp Project No 20 Pty Limited v The Trust Co (PTAL) Limited, in the matter of Bellpac Pty Limited (Receivers and Managers Appointed) (in liq) (No 4) [2015] FCA 850 Australian Competition and Consumer Commission v Adata (Vic) Pty Ltd (No 2) [2015] FCA 272 Brimaud v Honeysett Instant Print Pty Ltd (1998) 217 ALR 44 Capital Webworks Pty Ltd v Adultshop.Com Limited [2008] FCA 423 Dallas Buyers Club LLC v iiNet Limited (No 5) [2015] FCA 1437 Ebner v The Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 Elshanawany v Greater Murray Area Health Service [2004] FCA 1272 Farrer v Lacy, Hartland & Co (1885) 28 ChD 482 Idoport Pty Ltd v National Australia Bank Ltd [2002] NSWSC 18 Idoport Pty Ltd v National Australia Bank Ltd [2002] NSWCA 271 Johnson v Johnson [2000] HCA 48; 201 CLR 488 Kennedy v Secretary, Department of Industry (No 2) [2016] FCA 746 Kiefel v State of Victoria [2014] FCA 604 Kwan v Kang [2003] NSWCA 336 Merribee Pastoral Industries Pty Ltd v Australia and New Zealand Banking Group Limited [1998] HCA 41; 193 CLR 502 Microbio Resources Inc v Betatene Ltd [1993] FCA 848 Minister for Immigration and Multicultural Affairs v Jia Legeng [2001] HCA 17; 205 CLR 507 Re JRL; Ex parte CJL [1986] HCA 39; 161 CLR 342 Rourke v White Moss Colliery Company 1 C. P. D. 556 Soh v Commonwealth of Australia [2006] FCA 575 Strategic Financial and Project Services Pty Ltd v Bank of China [2012] FCA 701 Tran v The Commonwealth [2009] FCA 921 Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd [2001] FCA 1603 Waters v Commonwealth of Australia (Australian Taxation Office) [2014] FCA 1107 Waters v Commonwealth of Australia (Australian Taxation Office) [2015] FCAFC 46