Bosanac v Commissioner of Taxation [2017] FCA 578

FEDERAL COURT OF AUSTRALIA

Bosanac v Commissioner of Taxation [2017] FCA 578 File number: WAD 349 of 2016

Judge: MCKERRACHER J

Date of judgment: 4 May 2017

Catchwords: PRACTICE AND PROCEDURE – application for the vacation of trial dates – second application to vacate trial dates - where parties had had ample time to prepare – where new material has been acquired by the appellant that changes the nature of the substantial application – application allowed subject to costs in any event and self-executing orders for dismissal on non-compliance with programming orders

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N

Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Luck v University of Southern Queensland [2016] FCAFC 167

Date of hearing: 4 May 2017

Registry: Western Australia

Division: General Division

National Practice Area: Taxation

Category: Catchwords

Number of paragraphs: 10

Counsel for the Applicant: Mr J Fickling

Solicitor for the Applicant: Cove Legal

Counsel for the Respondent: Ms F Vernon

Solicitor for the Respondent: Australian Government Solicitor

ORDERS WAD 349 of 2016

BETWEEN: VLADO BOSANAC Applicant

AND: COMMISSIONER OF TAXATION Respondent

JUDGE: MCKERRACHER J DATE OF ORDER: 4 MAY 2017

THE COURT ORDERS THAT:

1. The applicant have leave to file any further evidence including any expert accounting evidence on which he intends to rely at the hearing of this matter by 14 June 2017. 2. Should the applicant fail to comply with Order 1, the application be dismissed with the applicant to pay the respondent's costs of the application, to be taxed if not agreed. 3. The applicant have leave to file an application seeking leave to further amend his notice of appeal and appeal statement, together with, if required, an application for leave to extend the grounds of objection under s 14ZZO(a) of the Taxation Administration Act 1953, together with minutes of the proposed amendments, by 7 June 2017. 4. Should the applicant fail to comply with order 3, the application be dismissed with the applicant to pay the respondent's costs of the application, to be taxed if not agreed. 5. The applicant provide to the respondent copies of all the additional financial documents received by the applicant's accountant Mr Roos since March 2017 by 11 May 2017. 6. The respondent file any further evidence, including any responsive expert accounting evidence by 19 July 2017. 7. The respondent file any further notice of objection to the applicant's evidence by 19 July 2017. 8. The time for the parties to file a statement of agreed facts and a statement of agreed issues and a book of agreed documents be extended to 2 August 2017. 9. The applicant file any notice of objection to evidence by 2 August 2017. 10. The applicant file and serve an outline of submissions directed to the agreed issues by 9 August 2017. 11. The respondent file and serve an outline of submissions directed to the agreed issues by 23 August 2017. 12. The hearing listed on 8-15 May 2017 be vacated and the application be listed for hearing for 10 days commencing on 11 September 2017. 13. The matter be listed for a case management hearing on 9 June 2017 at 2.15pm. 14. The applicant pay the respondent's costs thrown away by the adjournment of the hearing in any event, to be taxed if not agreed. 15. The applicant pay the respondent's costs of the interlocutory application of 26 April 2017, to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.