Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Deputy Commissioner of Taxation v Raptis (No 2) [2023] FCA 1683 File number: QUD 310 of 2021
Judgment of: LOGAN J
Date of judgment: 14 December 2023
Catchwords: PRACTICE AND PROCEDURE – where parties seek variation to orders by consent – where it was submitted that one respondent was not responsive to proceedings and has not provided consent to the variation (non-consenting respondent) – where applicant was earlier granted leave to make substituted service on the non-consenting respondent – whether in the circumstances a Registrar can make orders by consent consistent with r 39.11 Federal Court Rules 2011 (Cth) Held: absence of consent of all parties means registrar not empowered to make order under r 39.11 – variation a matter for a judge – order appropriate, taking into account that it was jointly provided by active parties to proceeding and that it sought to ensure that future pattern of conduct by parties in accordance with past practice conformed with court orders
Legislation: Tax Administration Act 1953 (Cth) Federal Court Rules 2011 (Cth) r 39.11
Division: General Division
Registry: Queensland
National Practice Area: Taxation
Number of paragraphs: 23
Date of hearing: 14 December 2023
Counsel for the Applicant: Mr P Looney KC
Solicitor for the Applicant: K&L Gates
Counsel for the Seventh Respondent: Mr D Marks KC with Ms B Mendelson
Solicitor for the Seventh Respondent: Hopgood Ganim
ORDERS QUD 310 of 2021
BETWEEN: DEPUTY COMMISSIONER OF TAXATION Applicant
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