Gould and Tax Practitioners Board [2019] AATA 1056 (28 May 2019)
Division:TAXATION AND COMMERCIAL DIVISION
File Number(s): 2019/0495
Re:Vanda Russell Gould
APPLICANT
AndTax Practitioners Board
RESPONDENT
DECISION
Tribunal:Deputy President I R Molloy
Date:28 May 2019
Place:Sydney
The Applicant’s application for an Order pursuant to section 41(2) of the Administrative Appeals Tribunal Act 1975 is refused.
The interim stay granted on 31 January 2019 is discharged.
...........................[SGD].............................................
Deputy President I R Molloy
CATCHWORDS
TAX AGENT REGISTRATION - application for a stay of the decision under review - interim stay order in operation - consideration of the applicant's prospects of success - adverse findings against applicant in a decision of the Federal Court of Australia - whether applicant is a person of good fame, integrity and character - the consequences to the applicant if a stay is not granted - the public interest - the consequences to the respondent in carrying out its functions - whether the review would be rendered nugatory - time likely until the hearing of the review - application for stay of the decision under review is refused - interim stay order discharged
LEGISLATION
Administrative Appeals Tribunal Act 1975 (Cth) s 41
Tax Agent Services Act 2009 (Cth) ss 2-5, 20-5, 20-25, 40-5, 40-25
CASES
Albarran v Companies Auditors and Liquidators Disciplinary Board (2007) 231 CLR 350
Burnett and Tax Practitioners Board [2014] AATA 87
Bywater Investments Limited v Commissioner of Taxation [2015] FCAFC 176
Bywater Investments Limited v Commissioner of Taxation; Hua Wang Bank Berhad v Commissioner of Taxation [2016] HCA 45
Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409
Hua Wang Bank Berhad v Commissioner of Taxation [2014] FCA 1392
Hughes and Vale Pty Ltd v New South Wales [No 2] (1955) 93 CLR 127
Re Dekenic and Tax Agents Board of NSW (1982) 6 ALD 240
Re Scott and Australian Securities and Investments Commission (2009) 51 AAR 114Shi v Migration Agents Registration Authority (2008) 235 CLR 286
REASONS FOR DECISION
Deputy President I R Molloy
28 May 2019
INTRODUCTION
This is a stay application made by the Applicant, Vanda Gould, pursuant to s 41(2) of the Administrative Appeals Tribunal Act 1975 (Cth) (“the Act”). It is made in a proceeding in which Mr Gould seeks review of a decision of the Tax Practitioners Board (“the Board” or “the Respondent”) made on 13 December 2018.
By its decision (“the reviewable decision”) the Board determined inter alia to terminate
Mr Gould’s registration under s 40-5(1)(b) of the Tax Agent Services Act2009 (Cth) (“TASA”). The reviewable decision was to take effect from 7 February 2019.The Board also determined: (a) to reject Mr Gould’s application for renewal of his registration as a tax (financial) adviser under s 20-25(1) of TASA, and (b) that Mr Gould may not apply for registration under TASA for a period of five years from the date the termination of his registration was to take effect under s 40-25 of
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- Case
- [2019] AATA 1056
- Decision Date
CaseChat Overview and Summary
The Tribunal was required to determine whether to grant a stay of the Tax Practitioners Board's decision. This involved assessing the applicant's prospects of success in the substantive review, the potential consequences to the applicant if a stay was not granted, the public interest considerations, and the impact on the respondent in carrying out its statutory functions. The Tribunal also had to consider whether refusing a stay would render the review nugatory and the likely timeframe until the hearing of the review.
In refusing the application for a stay, Deputy President Molloy found that the applicant had not established a strong case demonstrating that their application for review was more likely than not to succeed. The Deputy President placed significant weight on the public interest in refusing the stay, particularly given the adverse findings from the Federal Court. Taking these factors into account, the Tribunal concluded that the stay should be refused and consequently discharged the interim stay order that had been in place.
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