FEDERAL COURT OF AUSTRALIA
Tax Practitioners Board v Buckland (Interim Injunction) [2023] FCA 836
File number(s): NTD 18 of 2022 Judgment of: HESPE J Date of judgment: 25 July 2023 Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction to restrain respondents from preparing and lodging income tax returns – where respondents located overseas – where respondents not registered tax agents Legislation: Acts Interpretation Act 1901 (Cth)
Income Tax Assessment Act 1997 (Cth)
Tax Agent Services Act 2009 (Cth)
Taxation Administration Act 1953 (Cth)
Federal Court Rules 2011 (Cth)
Cases cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63
Australian Broadcasting Corporation v O’Neill (2006) 227 CLR 57; [2006] HCA 46
Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2009) 189 IR 37; [2009] FCA 997
Australian Competition and Consumer Commission v Get Qualified Australia Pty Ltd (2016) 244 FCR 538; [2016] FCA 976
Avant Group Pty Ltd v Kiddle [2023] FCA 685
Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; [1968] HCA 1
Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 ; [1986] HCA 58
Humane Society International Inc v Kyodo Senpaku Kaisha Ltd (2006) 154 FCR 425; [2006] FCAFC 116
ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248
Jumbunna Coal Mine NL v Victorian Coal Miners’ Association (1908) 6 CLR 309; [1908] HCA 95
Milam v University of Melbourne (2019) 285 IR 309; [2019] FCA 171
Morgan v White (1912) 15 CLR 1
Patrick Stevedores Operations (1998) 195 CLR 1; [1998] HCA 30
Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (2017) 257 FCR 62; [2017] FCAFC 193
Tax Practitioners Board v Buckland [2022] FCA 1376
Tax Practitioners Board v Hacker [2020] FCA 1047
Division: General Division Registry: Northern Territory National Practice Area: Taxation Number of paragraphs: 52 Date of last submission/s: 7 July 2023 Date of hearing: 29 June 2023 Counsel for the Applicant: Mr M J Follett Solicitor for the Applicant: MinterEllison Counsel for the First Respondent The first respondent appeared in person Counsel for the Second Respondent: The second respondent did not appear ORDERS
NTD 18 of 2022 BETWEEN: TAX PRACTITIONERS BOARD
Applicant
AND: ANTHONY DEAN BUCKLAND
First Respondent
APAT NA SEASONS PILIPINAS CORPORATION
Second Respondent
ORDER MADE BY:
HESPE J
DATE OF ORDER:
25 JULY 2023
THE COURT ORDERS THAT:
1.In these orders:
(a)“income tax return” has the meaning provided for in section 995-1 of the Income Tax Assessment Act 1997 (Cth);
(b)“taxpayer” has the meaning provided for in section 6(1) of the Income Tax Assessment Act 1936 (Cth); and
(c)“TAS Act” means the Tax Agent Services Act 2009 (Cth).
2.Pursuant to section 70-5(2) of the TAS Act, until the hearing and determination of the amended originating application or further…
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- Case
- [2023] FCA 836
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether there were compelling circumstances to grant the injunction. It considered the evidence from multiple affidavits, including testimonies from taxpayers who believed they were engaging with Mr Buckland for tax preparation services, despite his registration having been terminated. The affidavits detailed interactions via Facebook Messenger and email, where taxpayers provided sensitive information such as myGov login details and security codes. The Board also presented evidence showing Mr Buckland's ongoing involvement in tax return preparations through bank transactions linked to a "Wintergate Trust Account." Furthermore, the Board highlighted that Mr Buckland had received a "cease and desist" letter previously and that Apat Pty Ltd was not a registered tax agent.
The court found that the evidence demonstrated a clear pattern of Mr Buckland and Apat Pty Ltd engaging in activities that contravene the Tax Agent Services Act 2009. The potential harm to the public, including taxpayers, from continued unregistered tax preparation and lodgment activities outweighed any prejudice to the respondents. The court thus granted the injunction, restraining Mr Buckland and Apat Pty Ltd from preparing and lodging any income tax returns for a fee or reward until the matter is resolved. The court also ordered a case management listing and reserved costs.
Orders
Orders of the court
1. In these orders:
(a) “income tax return” has the meaning provided for in section 995-1 of the Income Tax Assessment Act 1997 (Cth);
(b) “taxpayer” has the meaning provided for in section 6(1) of the Income Tax Assessment Act 1936 (Cth); and
(c) “TAS Act” means the Tax Agent Services Act 2009 (Cth).
2. Pursuant to section 70-5(2) of the TAS Act, until the hearing and determination of the amended originating application or further order, the first respondent be restrained from preparing and/or lodging any income tax return for a taxpayer, for a fee or other reward, whilst not a registered tax agent within the meaning of the TAS Act.
3. Pursuant to section 70-5(2) of the TAS Act, until the hearing and determination of the amended originating application or further order, the second respondent, whether by itself, its officers, servants, agents or howsoever otherwise, be restrained from preparing and/or lodging any income tax return for a taxpayer, for a fee or other reward, whilst not a registered tax agent within the meaning of the TAS Act.
4. The matter be listed for case management.
5. Costs be reserved.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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