KPTT v Commissioner of Taxation [2021] FCA 464

Federal Court of Australia

KPTT v Commissioner of Taxation [2021] FCA 464 File number(s): NSD 42 of 2021

Judgment of: JAGOT J

Date of judgment: 5 May 2021

Catchwords: PRACTICE AND PROCEDURE – whether identity of applicant should be suppressed – Court's power to make suppression and non-publication orders – whether suppression orders necessary to prevent prejudice to the proper administration of justice.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Taxation Administration Act 1953 (Cth)

Cases cited: Rinehart v Rinehart [2014] FCA 1241; (2014) 320 ALR 195 The Country Care Group Pty Ltd v Commonwealth Director of Public Prosecutions (No 2) [2020] FCAFC 44; (2020) 275 FCR 377

Division: General Division

Registry: New South Wales

National Practice Area: Taxation

Number of paragraphs: 20

Date of hearing: Determined on the papers

Solicitor for the Applicant: Stratos Lawyers

Solicitor for the First Respondent: Minter Ellison

ORDERS NSD 42 of 2021

BETWEEN: KPTT Applicant

AND: COMMISSIONER OF TAXATION First Respondent

ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent

order made by: JAGOT J DATE OF ORDER: 05 May 2021

THE COURT ORDERS THAT:

1. The applicant be identified in the proceeding by the applicant's name rather than by the pseudonym "KPTT". 2. Order 1 be stayed for a period of 28 days. 3. The applicant pay the first respondent's costs of and in connection with the issue of suppression of the applicant's identity in the proceeding as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.