Deputy Commissioner of Taxation v Batchelor [2017] FCA 950

FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Batchelor [2017] FCA 950

File number(s): VID 327 of 2017

Judge(s): DAVIES J

Date of judgment: 11 August 2017

Catchwords: TAXATION – Application for summary judgment in relation to tax debts – no defence filed and no reasonable prospects of success PRACTICE AND PROCEDURE – summary judgment on where no defence filed – no reasonable prospects of success

Legislation: Federal Court of Australia Act 1976 (Cth) Income Tax Assessment Act 1997 (Cth) Tax Administration Act 1953 (Cth) Federal Court Rules 2011 (Cth)

Date of hearing: 11 August 2017

Registry: Victoria

Division: General Division

National Practice Area: Taxation

Category: Catchwords

Number of paragraphs: 6

Counsel for the Applicant: Mr PD Crutchfield QC and Mr SA Linden

Solicitor for the Applicant: Minter Ellison

Counsel for the Respondent: The Respondent did not appear

ORDERS VID 327 of 2017

BETWEEN: DEPUTY COMMISSIONER OF TAXATION Applicant

AND: TIMOTHY LOUIS BATCHELOR Respondent

JUDGE: DAVIES J DATE OF ORDER: 11 AUGUST 2017

THE COURT ORDERS THAT:

1. The Respondent pay the Applicant the sum of $270,346.09. 2. The freezing order made on 3 April 2017 an extended on 13 April 2017 and 6 June 2017 against the Respondent be extended until further notice. 3. The Respondent pay the Applicant's costs of the proceedings, including the costs of the applications for summary judgment and freezing orders and reserved costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.