Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Blake v Commissioner of Taxation [2017] FCA 396 File number: WAD 291 of 2013
Judge: GILMOUR J
Date of judgment: 26 April 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – appeal against a decision of the Administrative Appeals Tribunal – whether the proceedings have been deemed abandoned pursuant to s 60(3) of the Bankruptcy Act 1974 (Cth) – whether, if the proceedings are abandoned, the appeal should be dismissed PRACTICE AND PROCEDURE – whether an application for extension of time to programming orders and an adjournment of the matter should be granted
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 4 Bankruptcy Act 1966 (Cth) ss 60, 60(3), 82(1), 109(1)(a), 153(1), 178
Cases cited: Blake v Lion Finance Pty Ltd [2014] FCA 1416 cited Cole v Challenge Bank [2002] FCAFC 200 followed Culleton v Balwyn Nominees Pty Ltd (No 2) [2017] FCAFC 12 followed Gore v Prentice [2012] FCA 660 followed Lion Finance Pty Ltd v Blake [2014] FCCA 1404 cited
Date of hearing: 23 March 2017
Registry: Western Australia
Division: General Division
National Practice Area: Taxation
Category: Catchwords
Number of paragraphs: 31
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Ms CH Thompson
Solicitor for the Respondent: Australian Taxation Office
Table of Corrections
1 May 2017 The orders page was amended to remove Order 3.
1 May 2017 The following was added after the first sentence in [10]: "In its oral submissions, counsel for the Commissioner withdrew the order sought in its application as to costs."
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