Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Commissioner of Taxation v Bosanac (No 4) [2019] FCA 1321 File number: WAD 291 of 2015
Judge: MCKERRACHER J
Date of judgment: 15 August 2019
Date of publication of reasons: 19 August 2019
Legislation: Taxation Administration Act 1953 (Cth) Pt IVC
Cases cited: Commissioner of Taxation v Bosanac [2016] FCA 448 Commissioner of Taxation v Bosanac (No 2) [2016] FCA 945 Bosanac v Commissioner of Taxation [2018] FCA 946 Bosanac v Commissioner of Taxation [2019] FCAFC 116
Date of hearing: 15 August 2019
Registry: Western Australia
Division: General Division
National Practice Area: Taxation
Category: No Catchwords
Number of paragraphs: 17
Counsel for the Applicant: Mr TP Burrows
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondents: Mr JW Fickling
Solicitor for the Respondents: Cove Legal
ORDERS WAD 291 of 2015
BETWEEN: COMMISSIONER OF TAXATION Applicant
AND: VLADO BOSANAC First Respondent
BERNADETTE BOSANAC Second Respondent
JUDGE: MCKERRACHER J DATE OF ORDER: 15 AUGUST 2019
THE COURT ORDERS THAT:
1. Unless the first respondent files an application in accordance with order 2 below, the order made on 12 August 2016 staying execution of the judgment against the first respondent be discharged on 30 August 2019. 2. The first respondent file and serve by no later than 4.00 pm on 29 August 2019: 2.1. any application to continue the order staying execution of the judgment made on 12 August 2016; 2.2. any affidavit evidence in support of the application; and 2.3. an outline of submissions in support of the application. 3. In the event that the first respondent files and serves an application under order 2 above the applicant file and serve any affidavit evidence and any submissions in opposition to the application by 12 September 2019. 4. Any application filed under order 2 above be listed for hearing on the first available date after 12 September 2019. 5. The Applicant file and serve any further affidavit evidence on which he seeks to rely in support of the relief sought in paragraph 3 of the Amended Originating Application by 6 September 2019. 6. The Respondents file and serve any affidavit(s) upon which they seek to rely in opposition to the relief sought in paragraph 3 of the Amended Originating Application by 11 October 2019. 7. The Applicant file and serve his submissions in support of the relief sought in paragraph 3 of the Amended Originating Application by 1 November 2019. 8. The Respondents file and serve their submissions in opposition to the relief sought in paragraph 3 of the Amended Originating Application by 22 November 2019. 9. The Applicant file and serve his submissions in reply by 6 December 2019. 10. The Amended Originating Application be listed for hearing on the first available date after 6 December 2019. 11. Within 7 days the parties provide their availabilities to fix the hearing dates referred to in orders 4 and 10. 12. Costs be in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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