Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Doumani v Commissioner of Taxation [2018] FCA 193 File number: QUD 371 of 2017
Judge: LOGAN J
Date of judgment: 20 February 2018
Catchwords: PRACTICE AND PROCEDURE – right to silence by the parties – discretion of the court to make adjournment – concurrent criminal and civil proceedings – adjourned.
Legislation: Racing Act 2002 (Qld)
Cases cited: Obeid v Commissioner of Taxation [2017] FCA 1135
Date of hearing: 20 February 2018
Date of last submissions: 20 February 2018
Registry: Queensland
Division: General Division
National Practice Area: Taxation
Category: Catchwords
Number of paragraphs: 10
Solicitor for the Applicant: Stone Group Lawyers Pty Ltd
Solicitor for the Respondent: Minter Ellison
ORDERS QUD 371 of 2017
BETWEEN: JACK PETER DOUMANI Applicant
AND: COMMISSIONER OF TAXATION Respondent
JUDGE: LOGAN J DATE OF ORDER: 20 FEBRUARY 2018
THE COURT ORDERS THAT:
1. Orders 6 and 7 of the orders made in Federal Court Proceeding QUD371/2017 (Federal Court Proceeding) on 6 October 2017, and varied on 6 December 2017, be vacated. 2. The half day mediation listed in the Federal Court Proceeding on 17 April 2018 be vacated. 3. The hearing of the Federal Court Proceeding and Administrative Appeals Tribunal Proceeding (Tribunal reference 2017/4662-65 & 4668) (AAT Proceeding) in the week commencing 30 April 2018 be vacated. 4. The Federal Court Proceeding and AAT Proceeding are adjourned pending the outcome of the applicant's committal hearing in respect of the charge of unlawful bookmaking brought by the Queensland Police Service as described in paragraph 2 of the affidavit of Darren Mahony sworn 15 February 2018 (Committal Hearing). 5. The applicant provide the respondent notice of the outcome of the Committal Hearing within seven days of the determination of the Committal Hearing. 6. The applicant provide the respondent with particulars of all charges, as identified at paragraphs 2 and 3 of the affidavit of Darren Mahony sworn 15 February 2018, within seven days of his receipt of them. 7. The parties list the Federal Court Proceeding and Administrative Appeal Proceeding for case management hearing within 14 days of the determination of the Committal Hearing. 8. Liberty to apply. 9. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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