Federal Court of Australia
Federal Court of Australia
Hilton International Australia Pty Ltd v Commissioner of Taxation [2023] FCA 1504 File number(s): NSD 565 of 2023
Judgment of: ABRAHAM J
Date of judgment: 1 December 2023
Catchwords: PRACTICE AND PROCEDURE – Rule 23.01 of the Federal Court Rules 2011 (Cth) – application for Court-appointed expert – where Commissioner has been unable to secure a suitable expert primarily due to potential experts indicating that they are commercially conflicted
Legislation: Federal Court of Australia Act 1976 (Cth) Income Tax Assessment Act 1936 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Commissioner of Taxation v Futuris Corporation Limited [2012] FCAFC 32; (2012) 205 FCR 274 Commissioner of Taxation v Guardian AIT Pty Ltd ATF Australian Investment Trust [2023] FCAFC 3 Federal Commissioner of Taxation v Trail Bros Steel & Plastics Pty Ltd [2010] FCAFC 94; (2010) 186 FCR 410 Gale v New South Wales Minister for Land & Water Conservation [2001] FCA 1652; (2001) 6(4) AILR 66 Taylor v Saloniklis (No 2) [2014] FCA 410 TICA Default Tenancy Control Pty Ltd v Datakatch Pty Ltd [2015] FCA 867 Transport Workers' Union of Australia v Qantas Airways Limited (No 5) [2022] FCA 782 Tyler v Thomas [2006] FCAFC 6; (2006) 150 FCR 357
Division: General Division
Registry: New South Wales
National Practice Area: Taxation
Number of paragraphs: 45
Date of hearing: 28 November 2023
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