Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Pavihi [2018] FCA 1603
File number: VID1347 of 2018
Judge: WHEELAHAN J
Date of judgment: 23 October 2018
Catchwords: PRACTICE AND PROCEDURE – interim injunction – service of originating process – application for interim injunction granted on an ex parte basis.
Legislation: Superannuation Industry (Supervision) Act 1993 (Cth) ss 68B(1), 315(1)(a) and (b), (2), (5 - 9)
Date of hearing: 23 October 2018
Registry: Victoria
Division: General Division
National Practice Area: Taxation
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicant: Mr T Begbie with Mr S Linden
Solicitor for the Applicant: AGS
Counsel for the Respondent: The Respondent did not appear
ORDERS VID1347 of 2018
BETWEEN: COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA Applicant
AND: KALANGALUPE PAVIHI Respondent
JUDGE: WHEELAHAN J DATE OF ORDER: 24 October 2018
THE COURT ORDERS THAT:
1. Until 4.00pm Eastern Summer Time on 30 November 2018, or further order, the respondent be restrained, whether by herself or her employees, servants or agents, directly or indirectly, from inducing, advising or assisting or facilitating any person to: (a) establish a self-managed superannuation fund; (b) rollover or transfer of money or property from any other funds into a self-managed superannuation fund; or (c) make payments from a self-managed superannuation fund. 2. The application for interim orders be adjourned to 9.30am Eastern Summer Time on 30 November 2018, at which a case management hearing will also take place. 3. There be liberty to apply. 4. Costs reserved. THE COURT DIRECTS THAT: 1. By 4.00pm Eastern Summer Time on 25 October 2018 a sealed copy of this order be sent to the respondent care of the following email address: Kalangalupeok@outlook.com. 2. As soon as practicable a copy of these reasons and of the transcript of the hearing on 23 October 2018 be sent to the respondent care of the email address, Kalangalupeok@outlook.com. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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