FEDERAL COURT OF AUSTRALIA
Tax Practitioners Board v Buckland (No 2) [2023] FCA 191
File number(s): NTD 18 of 2022 Judgment of: HESPE J Date of judgment: 21 February 2023 Date of publication of reasons: 8 March 2023 Catchwords: HIGH COURT AND FEDERAL COURT – jurisdiction of the Federal Court – whether Court has jurisdiction
PRACTICE AND PROCEDURE – application for service on a company in a foreign country – application for substituted service under r 10.24 and / or r 10.49 of the Federal Court Rules 2011 (Cth) as amended from 13 January 2023
Legislation: Federal Court of Australia Act 1976 (Cth) s 19
Federal Court Rules 2011 (Cth) rr 1.34, 8.11, 8.12, 9.05, 10.24, 10.45, 10.49
Judiciary Act 1903 (Cth) ss 39B, 78B
Tax Agent Services Act 2009 (Cth)
Cases cited: Austral Pacific Group Ltd (In liq) v Airservices Australia [2000] HCA 39; (2000) 203 CLR 136
Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd [1999] FCA 1151; (1999) 95 FCR 292
Australian Securities and Investment Commission v Edensor Nominees Pty Ltd [2001] HCA 1; (2001) 204 CLR 559
Chan v Harris (No 3) [2011] FCA 341
Deputy Commissioner of Taxation v State Bank (NSW) (1992) 174 CLR 219
Division: General Division Registry: Northern Territory National Practice Area: Taxation Number of paragraphs: 29 Date of hearing: 21 February 2023 Counsel for the Applicant: Mr M J Follett Solicitor for the Applicant: MinterEllison Counsel for the Respondent: The respondent appeared in person ORDERS
NTD 18 of 2022 BETWEEN: TAX PRACTITIONERS BOARD
Applicant
AND: ANTHONY DEAN BUCKLAND
Respondent
ORDER MADE BY:
HESPE J
DATE OF ORDER:
21 FEBRUARY 2023
THE COURT ORDERS THAT:
1.Pursuant to r 9.05 of the Federal Court Rules 2011 (Cth), Apat na Seasons Pilipinas Corporation (the Company) be joined as a respondent to this proceeding.
2.Pursuant to r 8.21 of the Rules, the applicant have leave to amend the originating application dated 14 October 2022 in substantially the manner set out in the document marked “PAL-7” and annexed to the affidavit of Patrick Anthony Long affirmed on 24 January 2023 and filed in these proceedings (Amended Originating Application).
3.The applicant file (and serve on the respondent) the Amended Originating Application.
4.Pursuant to r 10.44 of the Rules, the applicant have leave to serve on the Company in the Philippines the following documents (Relevant Documents):
(a)the affidavit of Mingma Sherpa affirmed 14 October 2022;
(b)the affidavit of Melissa Guise affirmed 11 March 2022;
(c)the affidavits of Aaron Cuerden affirmed 11 April 2022 and 5 October 2022;
(d)the affidavit of Jennifer Ledingham affirmed 13 April 2022;
(e)the affidavit of Alison Hawkins affirmed 27 April 2022;
(f)the affidavit of Tom Cavallaro affirmed 26 May 2022;
(g)the affidavits of Patrick Anthony Long affirmed 14 October 2022, 24 January 2023 and 31 January 2023; and
(h)a notice in accordance with Form 26A to the Rules.
5.Pursuant to r 1.34 of the Rules, any…
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- Case
- [2023] FCA 191
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
1. Pursuant to r 9.05 of the Federal Court Rules 2011 (Cth), Apat na Seasons Pilipinas Corporation (the Company) be joined as a respondent to this proceeding.
2. Pursuant to r 8.21 of the Rules, the applicant have leave to amend the originating application dated 14 October 2022 in substantially the manner set out in the document marked “PAL-7” and annexed to the affidavit of Patrick Anthony Long affirmed on 24 January 2023 and filed in these proceedings (Amended Originating Application).
3. The applicant file (and serve on the respondent) the Amended Originating Application.
4. Pursuant to r 10.44 of the Rules, the applicant have leave to serve on the Company in the Philippines the following documents (Relevant Documents):
(a) the affidavit of Mingma Sherpa affirmed 14 October 2022;
(b) the affidavit of Melissa Guise affirmed 11 March 2022;
(c) the affidavits of Aaron Cuerden affirmed 11 April 2022 and 5 October 2022;
(d) the affidavit of Jennifer Ledingham affirmed 13 April 2022;
(e) the affidavit of Alison Hawkins affirmed 27 April 2022;
(f) the affidavit of Tom Cavallaro affirmed 26 May 2022;
(g) the affidavits of Patrick Anthony Long affirmed 14 October 2022, 24 January 2023 and 31 January 2023; and
(h) a notice in accordance with Form 26A to the Rules.
5. Pursuant to r 1.34 of the Rules, any requirement under r 10.49 of the Rules that there be unsuccessful attempts at service of any documents filed in these proceedings, including the Amended Originating Application and the Relevant Documents, be dispensed with.
6. Pursuant to r 10.24(a) or alternatively r 10.49(a) of the Rules, the applicant may serve any documents filed in these proceedings, including the Amended Originating Application and the Relevant Documents, on the Company by:
(a) sending an electronic link to download and access any documents filed in these proceedings by email, addressed to the Proper Officer of the Company, at:
(i) apatnaseasons@gmail.com;
(ii) apatnaseasons@protonmail.com;
(iii) apat_na_seasons@mailfence.com; and
(iv) jmv@vcolaw.com; or
(b) sending a copy of the documents in PDF form as attachments to one or more emails addressed to the “Proper Officer” of the Company at the email addresses specified in subparagraph (a).
7. The proceeding be listed for a case management hearing on a date not before 8 May 2023.
8. The parties have leave to attend the case management hearing referred to in paragraph 7 of these orders by way of web conference.
9. There be liberty to apply.
10. 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
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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