Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Whiteman [2017] FCA 951
File number(s): VID 326 of 2017
Judge(s): DAVIES J
Date of judgment: 18 August 2017
Catchwords: TAXATION – Application for summary judgment in relation to tax debts – application for stay of proceedings whilst Part IVC proceedings afoot challenging tax debt – application for stay of execution of judgment whilst Part IVC proceedings afoot challenging tax debt PRACTICE AND PROCEDURE – Application for summary judgment in relation to tax debts – application for stay of proceedings whilst Part IVC proceedings afoot challenging tax debt – application for stay of execution of judgment whilst Part IVC proceedings afoot challenging tax debt
Legislation: Federal Court of Australia Act 1976 (Cth) Income Tax Assessment Act 1997 (Cth) Tax Administration Act 1953 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Southgate Investment Funds Limited v Deputy Commissioner of Taxation [2013] FCAFC 10; 211 FCR 274 Deputy Commissioner of Taxation v Broadbeach Properties Pty Ltd [2008] HCA 41; 237 CLR 473 Deputy Commissioner of Taxation v Australian Machinery and Investment Co. Pty. Ltd (1945) 20 ALJR 326; 47 WALR 9; 8 ATD 133 Deputy Commissioner of Taxation v Denlay [2010] QCA 217; 80 ATR 109 Deputy Commissioner of Taxation v Mackey (1982) 45 ALR 284; 64 FLR 432; 13 ATR 547 Snow v Deputy Commissioner of Taxation (1987) 14 FCR 199 Trade World Enterprises Pty Ltd [2006] VSCA 191; 64 ATR 316
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