Tax Practitioners Board v Hinckfuss

FEDERAL COURT OF AUSTRALIA

Tax Practitioners Board v Hinckfuss [2025] FCA 823    

File number:

QUD 658 of 2024

Judgment of:

WHEATLEY J

Date of judgment:

20 June 2025

Catchwords:

PRACTICE AND PROCEDURE — Substituted service — Service out of the jurisdiction — Where the Applicant claims that the Respondent is contravening the Tax Agent Services Act 2009 (Cth) and seeks injunctive relief — Where the Respondent appears to be residing in Indonesia — Application for substituted service under r 10.24 of the Federal Court Rules 2011 (Cth) — Application granted.

Legislation:

Judiciary Act 1903 (Cth) s 55I

Tax Agent Services Act 2009 (Cth

Federal Court Rules 2011 (Cth) rr 8.01, 8.05, 8.06, 10.01, 10.42, 10.45, 10.49

Cases cited:

Australian Information Commission v Facebook Inc (2020) 144 ACSR 88; [2020] FCA 531

The Noco Company v Hong Kong Haowei Technology Co Limited [2023] FCA 533

Division:

General Division

Registry:

Queensland

National Practice Area:

Taxation

Number of paragraphs:

25

Date of hearing:

20 June 2025

Counsel for the Applicant:

Mr M McKechnie

Solicitor for the Applicant:

Australian Government Solicitor

Counsel for the Respondent:

The Respondent did not appear

ORDERS

QUD 658 of 2024

BETWEEN:

TAX PRACTITIONERS BOARD

Applicant

AND:

BENJAMIN CHARLES HINCKFUSS

Respondent

ORDER MADE BY:	WHEATLEY J
DATE OF ORDER:	20 JUNE 2025

THE COURT ORDERS THAT:

1.The requirement for personal service, pursuant to r 8.06 of the Rules, of the following documents on the Respondent be dispensed with:

1.1the Originating Application filed on 1 November 2024; and

1.2the Concise Statement filed on 1 November 2024,

(together, the Originating Documents).

2.Pursuant to r 10.24 of the Federal Court Rules 2011, the Applicant have leave to serve the Originating Documents on the Respondent by way of substituted service as follows:

2.1emailing the Originating Documents and a copy of these Orders to the Respondent at [e-mail];

2.2emailing the Originating Documents and a copy of these Orders to the Respondent at [e-mail];

2.3emailing the Originating Documents and a copy of these Orders to the Respondent at [e-mail];

2.4sending a private message to the Respondent’s mobile telephone number ‘[phone]’ using the WhatsApp application, stating that “the TPB has commenced proceedings against Benjamin Charles Hinckfuss in the Federal Court of Australia. Sealed copies of the Originating Documents have been emailed to “[e-mail]”, “[e-mail]” and “[e-mail]”;

2.5sending a private message to the Respondent’s mobile telephone number ‘[phone]’ using the WhatsApp application, stating that “the TPB has commenced proceedings against Benjamin Charles Hinckfuss in the Federal Court of Australia. Sealed copies of the Originating Documents have been emailed to “[e-mail]”, “[e-mail]” and “[e-mail]”;

2.6sending a private message to the Respondent’s mobile telephone number ‘[phone]’ using the WhatsApp application, stating that “the TPB has commenced proceedings against Benjamin Charles Hinckfuss in the Federal Court of Australia. Sealed copies of the Originating Documents have been emailed to “[e-mail]”, “[e-mail]” and “[e-mail]”;

2.7sending a private message to the Respondent’s Facebook account at stating that “the TPB has commenced proceedings against Benjamin Charles Hinckfuss in the…