FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Lawrence v Sammut (No 3) [2025] FedCFamC2G 1214
File number(s): SYG 346 of 2021 Judgment of: JUDGE MCCABE Date of judgment: 1 August 2025 Catchwords: BANKRUPTCY – application for summary dismissal of application to review Certificate of Taxation issued by registrar – whether the Court can review issue of Certificate of Taxation – whether the application for review of Certificate of Taxation was filed correctly – whether the application for review of Certificate of Taxation has reasonable prospects of success – whether leave to amend the application for review should be granted – application for review not compliant with Federal Court Rules 2011 (Cth) r 40.34(2) – application to review Certificate of Taxation summarily dismissed. Legislation: Bankruptcy Act 1966 (Cth) s 40(1)(g)
Federal Circuit and Family Court of Australia Act 2021 (Cth) ss 190, 191, 254, 256
Federal Circuit and Family Court of Australia (Division 2) (Bankruptcy) Rules 2021 (Cth) div 13.01
Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r 13.13
Federal Court Rules 2011 (Cth) r 40.34
Cases cited: Australian Coal & Shale Employees Federation vTheCommonwealth [1953] HCA 25; (1953) 94 CLR 621
Cassimatis v Australian Securities and Investments Commission [2016] FCA 131; (2016) 334 ALR 350
Clark, Tait & Company v Federal Commissioner of Taxation [1931] HCA 26; (1931) 47 CLR 142
Dye v Commonwealth Securities Limited [2010] FCA 720
Lawrence v Ciantar [2019] NSWSC 464
Lawrence v Sammut [2021] FCCA 1929
Schweppes Ltd v Archer (1934) 34 SR (NSW) 178
Division: Division 2 General Federal Law Number of paragraphs: 33 Date of hearing: 10 July 2025 Place: Sydney Applicant: The applicant appeared in person Counsel for the respondents: Mr A Spencer Solicitor for the respondents: McLean & Associates Solicitors ORDERS
SYG 346 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: WAYNE JAMES LAWRENCE
Applicant
AND: ALICE ALEXANDRIA SAMMUT
First Respondent
PAUL WILLIAM CIANTAR
Second Respondent
ORDER MADE BY:
JUDGE MCCABE
DATE OF ORDER:
1 AUGUST 2025
THE COURT ORDERS THAT:
1.The application dated 8 November 2024 for review of a registrar’s decision is dismissed pursuant to r 13.13 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
REASONS FOR JUDGMENT
JUDGE MCCABE:
These proceedings were originally commenced in 2021 following the issue of a bankruptcy notice against Mr Lawrence, the applicant. The reasons which follow relate to an interlocutory application made by Ms Sammut and…
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- Case
- [2025] FedCFamC2G 1214
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the Court had the jurisdiction to review the Certificate of Taxation, whether the application for review was correctly filed, and whether the application had reasonable prospects of success. Additionally, the court considered whether leave to amend the application for review should be granted, as Mr Lawrence had not applied for such leave. The respondents contended that the application was not compliant with Federal Court Rules 2011 (Cth) rule 40.34(2), and therefore, it should be dismissed.
The court found that the application for review of the Certificate of Taxation was not compliant with the Federal Court Rules. The court noted that Mr Lawrence did not seek leave to amend the application, nor did he respond to the respondents' arguments against granting such leave. The court emphasised that the burden of making an application and explaining why it is appropriate to exercise the discretion lies with the applicant. Given the absence of an application to amend and the lack of detail in Mr Lawrence's application, the court was satisfied that the application had little prospect of success as drafted. Consequently, the court concluded that the respondents should succeed in their application for summary dismissal of Mr Lawrence's application for review of the Certificate of Taxation.
The court ordered that the application for review of the Certificate of Taxation be summarily dismissed. The court found that Mr Lawrence had no reasonable prospect of prosecuting the proceeding due to the absence of required detail in his application and the narrow scope of the review contemplated under rule 40.34(2) of the Federal Court Rules.
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