Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Melbourne Corporation of Australia Pty Ltd v Commissioner of Taxation [2020] FCA 641 File numbers: QUD 513 of 2018 QUD 607 of 2018 QUD 399 of 2019
Judge: LOGAN J
Date of judgment: 5 March 2020
Catchwords: PRACTICE AND PROCEDURE – where applicants are on notice from the respondent that a federal prisoner incarcerated in one State (New South Wales) is required for cross-examination during a trial listed to be heard in another State (Queensland) – whether the Court has power to make an order for the federal prisoner's production before the Court for the purposes of giving evidence – whether Court should sit in New South Wales for that part of trial entailing oral evidence of the prisoner
Legislation: Constitution s 120 Crimes Act 1914 (Cth) s 19Af Federal Court of Australia Act 1976 (Cth) s 23 Service and Execution of Process Act 1992 (Cth) s 3 Crimes (Administration of Sentences) Act 1999 (NSW)
Cases cited: Sage v ZZ (No 2) (2015) 234 FCR 251
Date of hearing: 5 March 2020
Registry: Queensland
Division: General Division
National Practice Area: Taxation
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicant: Mr J Hyde Page
Counsel for the Respondent: Ms C T Ensor
ORDERS QUD 513 of 2018
BETWEEN: MELBOURNE CORPORATION OF AUSTRALIA PTY LTD Applicant
AND: COMMISSIONER OF TAXATION Respondent
QUD 607 of 2018
BETWEEN: MELBOURNE INSURANCE CO PTY LTD Applicant
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