Federal Court of Australia
Federal Court of Australia
Dyirranga Ltd v Deputy Commissioner of Taxation [2024] FCA 411 File number: NSD 131 of 2024
Judgment of: MARKOVIC J
Date of judgment: 24 April 2024
Catchwords: PRACTICE AND PROCEDURE – service of application to set aside statutory demand under s 459G(3)(b) of the Corporations Act 2001 (Cth) – where application and supporting affidavit filed via eLodgement – where copies of application and supporting affidavit served before being accepted for filing – where documents served did not include seal of Court, proceeding number or return date – where requirements of s 459G(3)(b) have not been met – application dismissed
Legislation: Corporations Act 2001 (Cth) s 459G Federal Court (Corporations) Rules 2000 rr 2.3, 2.4A, 2.7 Federal Court Rules 2011 (Cth) rr 2.21, 2.23, 2.24, 2.25
Cases cited: CPR Solutions v Zammit Earthmoving Pty Ltd (2020) 4 QR 624 Craneford Nominees Pty Ltd v VGC Co-Operative Ltd (2012) 262 FLR 283; [2012] SASC 74 David Grant & Co Pty Limited v Westpac Banking Corporation (1995) 184 CLR 265 Opensoft Australia Pty Limited v Miller Street Pty Limited [2011] FCA 653 PCM Nominees (WA) Pty Ltd v ACN 063 291 430 Pty Ltd [2017] FCA 848
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 51
Date of hearing: 17 April 2024
Counsel for the Plaintiffs: G D McDonald
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