FEDERAL COURT OF AUSTRALIA
Walters v Commissioner of Taxation (No. 2) [2007] FCA 1403
TAXATION AND REVENUE – resolution of the question of costs arising out of Walters v Commissioner of Taxation [2007] FCA 1270
DAVID JAMES WALTERS AND RHONDDA ISOBEL WALTERS v COMMISSIONER OF TAXATION
QUD8 OF 2006
COMMISSIONER OF TAXATION v DAVID JAMES WALTERS AND RHONDDA ISOBEL WALTERS
QUD10 OF 2006
GREENWOOD J
7 SEPTEMBER 2007
BRISBANE
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD8 OF 2006 |
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ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER BJ MCCABE |
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BETWEEN: |
DAVID JAMES WALTERS First Applicant
RHONDDA ISOBEL WALTERS Second Applicant
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AND: |
COMMISSIONER OF TAXATION Respondent
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD10 OF 2006 |
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ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER BJ MCCABE |
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BETWEEN: |
COMMISSIONER OF TAXATION Applicant
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AND: |
DAVID JAMES WALTERS AND RHONDDA ISOBEL WALTERS Respondents
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GREENWOOD J |
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DATE OF ORDER: |
7 SEPTEMBER 2007 |
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WHERE MADE: |
BRISBANE |
THE COURT ORDERS THAT:
1. David James Walters and Rhondda Isobel Walters pay the costs of the Commissioner of Taxation of and incidental to Applications QUD8 of 2006 and QUD10 of 2006.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD8 OF 2006 |
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ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER BJ MCCABE |
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BETWEEN: |
DAVID JAMES WALTERS First Applicant
RHONDDA ISOBEL WALTERS Second Applicant
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AND: |
COMMISSIONER OF TAXATION Respondent
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD10 OF 2006 |
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ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER BJ MCCABE |
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BETWEEN: |
COMMISSIONER OF TAXATION Applicant
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AND: |
DAVID JAMES WALTERS AND RHONDDA ISOBEL WALTERS Respondents
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JUDGE: |
GREENWOOD J |
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DATE: |
7 SEPTEMBER 2007 |
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PLACE: |
BRISBANE |
REASONS FOR JUDGMENT
1 On 20 August 2007, the Court delivered judgment in Walters v Commissioner of Taxation [2007] FCA 1270 in which the Court dismissed the Application by David Walters and Rhondda Walters (QUD8 of 2006) and upheld the Application by the Commissioner of Taxation (QUD10 of 2006). Because the parties had not made submissions in relation to costs, the question of costs was reserved to be determined. David Walters and Rhondda Walters provided short submissions on 27 August 2007 and the Commissioner of Taxation provided short written submissions on 3 September 2007.
2 David Walters and Rhondda Walters accept that there are no special circumstances which would alter the burden of the usual order for costs. Since the Commissioner of Taxation has been successful in both Applications, the Order of the Court will be that David James Walters and Rhondda Isobel Walters are to pay the costs of the Commissioner of Taxation of and incidental to each Application.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood. |
Associate:
Dated: 7 September 2007
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Counsel for the Applicant: |
Mr D Russell QC and Mr P G Bickford |
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Solicitor for the Applicant: |
Cleary Hoare Solicitors |
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Counsel for the Respondent: |
Mr G J Davies QC and Mr D Harding |
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Solicitor for the Respondent: |
Ms Lynch, Australian Government Solicitor |
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Date of Submissions by David Walters and Rhondda Walters: |
27 August 2007 |
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Date of Submissions by the Commissioner of Taxation: |
3 September 2007 |
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Date of Judgment: |
7 September 2007 |
