Tax Practitioners Board v Buckland [2022] FCA 1376

Federal Court of Australia

Tax Practitioners Board v Buckland [2022] FCA 1376 File number: NTD 18 of 2022

Judgment of: CHARLESWORTH J

Date of judgment: 3 November 2022

Date of publication of reasons: 18 November 2022

Catchwords: PRACTICE AND PROCEDURE – service on a person in a foreign country – whether leave to serve should be granted – whether upon the grant of leave the Court may make an order for substituted service under r 10.24 of the Federal Court Rules 2011 (Cth) – whether necessary to show an unsuccessful attempt to effect personal service

Legislation: Federal Court of Australia Act 1976 (Cth) ss 21, 31A Judiciary Act 1903 (Cth) s 39B Tax Agent Services Act 2009 (Cth) ss 50-5, 50-35, 70-5 Federal Court Rules 2011 (Cth) rr 1.34, 10.24, 10.42, 10.43, 10.49, 13.01

Cases cited: Ford, in the matter of Careers Australia Group Limited (in liq) v Mansfield [2022] FCA 173

Division: General Division

Registry: Northern Territory

National Practice Area: Taxation

Number of paragraphs: 57

Date of hearing: 3 November 2022

Counsel for the Applicant: Mr M Follett

Solicitor for the Applicant: Minter Ellison

Counsel for the Respondent: The Respondent did not appear

ORDERS NTD 18 of 2022

BETWEEN: TAX PRACTITIONERS BOARD Applicant

AND: ANTHONY DEAN BUCKLAND Respondent

order made by: CHARLESWORTH J DATE OF ORDER: 3 NOVEMBER 2022

THE COURT ORDERS THAT:

1. Pursuant to r 10.42 and r 10.43(2) of the Federal Court Rules 2011 (Cth) (Rules), the applicant has leave to serve on the respondent in the Philippines, in accordance with article 5 of the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, done at the Hague on 15 November 1965 (Hague Convention), the following documents (Documents): (a) the originating application filed on 14 October 2022; (b) affidavit of Mingma Sherpa affirmed 14 October 2022; (c) affidavit of Melissa Guise affirmed 11 March 2022; (d) affidavits of Aaron Cuerden affirmed 11 April 2022 and 5 October 2022; (e) affidavit of Jennifer Ledingham affirmed 13 April 2022; (f) affidavit of Alison Hawkins affirmed 27 April 2022; (g) affidavit of Tom Cavallaro affirmed 26 May 2022; (h) affidavit of Patrick Anthony Long affirmed 14 October 2022; and (i) affidavit of Kenis Ling Fung Chu sworn 2 November 2022. 2. Pursuant to r 1.34 of the Rules, any requirement in r 10.49 that there be unsuccessful attempts at service of the Documents in accordance with the Hague Convention (and proof thereof) be dispensed with. 3. Pursuant to r 10.24(a) or alternatively r 10.49(a) of the Rules, the applicant may serve the Documents on the respondent by: (a) sending an electronic link to download and access the Documents by email addressed to Anthony Dean Buckland at: (i) tonybuckland2@gmail.com; (ii) boniolannalisa@gmail.com; (iii) tonybuckland@mailfence.com; (iv) apatnaseasons@gmail.com; and (v) apatnaseasons@protonmail.com; or (b) sending a copy of the Documents in PDF form as attachments to one or more emails addressed to Anthony Dean Buckland at the email addresses specified in subparagraph (a). 4. The applicant is to serve a copy of these orders on the respondent, and may do so by either of the methods specified in paragraph 3. 5. The applicant's application for an order in terms of paragraph 3 of the claim for relief contained in the originating application dated 14 October 2022, be set down for hearing at 10:00am (ACDT) on 11 November 2022 for the purposes of determining whether there should be a short-term interim injunction granted, pending the hearing of the application for an interlocutory injunction pending judgment. 6. There be a case management hearing at 10.00am (ACDT) on 11 November 2022. 7. Any requirement that there be a return date endorsed on the face of the originating application be dispensed with. 8. The parties have leave to attend at the hearing referred to in paragraphs 5 and 6 by way of web conference. 9. Subject to further order, the matter proceed on affidavits. 10. At or before 5:00pm (ACDT) on 4 November 2022 the applicant is to file an affidavit deposing to service of the Documents in accordance with one or more of the methods specified in paragraph 3 of the orders and to service of these orders in accordance with paragraph 4. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.