FEDERAL COURT OF AUSTRALIA

Deputy Commissioner of Taxation v Bundaberg Indoor Sports Pty Ltd [2025] FCA 1104

ORDERS

THE COURT ORDERS THAT:

1.    The application for interlocutory relief set out in the Originating Application filed on 5 September 2025 be made returnable immediately.

2.    Service of:

(a)    the Originating Application filed on 5 September 2025;

(b)    Affidavit of Matthew Kristjansson affirmed on 4 September 2025 and Exhibit MK-1;

(c)    Affidavit of Matthew Kristjansson affirmed on 5 September 2025 and Exhibit MK-2; and

(d)    Applicant’s Outline of Written Submissions dated 5 September 2025; and

(e)    a copy of these orders (collectively, the Initiating Documents)

is abridged and service is to be effected by 6.00 pm on 5 September 2025.

3.    Upon the Applicant by his Senior Counsel giving the undertakings as to damages and the other undertakings set out in Schedule A of Annexure A to these orders, the orders set out in the Penal Notice directed to the First Respondent (which is Annexure A to these orders) be made.

4.    Upon the Applicant by his Senior Counsel giving the undertakings as to damages and the other undertakings set out in Schedule A of Annexure B to these orders, the orders set out in the Penal Notice directed to the Second Respondent (which is Annexure B to these orders) be made.

5.    Upon the Applicant by his Senior Counsel giving the undertakings as to damages and the other undertakings set out in Schedule A of Annexure C to these orders, the orders set out in the Penal Notice directed to the Third Respondent (which is Annexure C to these orders) be made.

6.    Upon the Applicant by his Senior Counsel giving the undertakings as to damages and the other undertakings set out in Schedule A of Annexure D to these orders, the orders set out in the Penal Notice directed to the Fourth Respondent (which is Annexure D to these orders) be made.

7.    Upon the Applicant by his Senior Counsel giving the undertakings as to damages and the other undertakings set out in Schedule A of Annexure E to these orders, the orders set out in the Penal Notice directed to the Fifth Respondent (which is Annexure E to these orders) be made.

8.    An order pursuant to rule 10.24 of the Federal Court Rules 2011 (Cth) that:

(a)    personal service on the Third, Fourth and Fifth Respondents of the Initiating Documents be dispensed with;

(b)    the Initiating Documents be taken to be served on the Third Respondent by the following steps occurring on or before 6.00 pm on 5 September 2025:

(i)    by leaving a copy with any person apparently over the age of sixteen years at 3 Wesche Street, Thabeban QLD 4670, or if that is not possible, leaving the documents in an envelope marked to the attention of the Third Respondent at the said address; and

(ii)    by emailing a copy of the Initiating Documents to:

A.    colin@bundabergindoorsports.com;

B.    ashcolkinn.88@bigpond.com;

C.    accounts@bundabergindoorsports.com; and

D.    colkinn_88@gmail.com;

(c)    the Initiating Documents be taken to be served on the Fourth Respondent by the following steps occurring on or before 6.00 pm on 5 September 2025:

(i)    by leaving a copy with any person apparently over the age of sixteen years at 3 Wesche Street, Thabeban QLD 4670, or if that is not possible, leaving the documents in an envelope marked to the attention of the Fourth Respondent at the said address; and

(ii)    by emailing a copy of the Initiating Documents to:

A.    ashlee@kinnest.com.au; and

B.    ashcolkinn.88@bigpond.com

(d)    the Initiating Documents be taken to be served on the Fifth Respondent by the following steps occurring on or before 6.00 pm on 5 September 2025:

(i)    by leaving a copy with any person apparently over the age of sixteen years at 18 Madison Road, Coomera QLD 4209, or if that is not possible, leaving the documents in an envelope marked to the attention of the Fifth Respondent at the said addresses; and

(ii)    by emailing a copy of the Initiating Documents to bridgetjeann@gmail.com.

9.    In respect of Exhibit MK-1:

(a)    personal service of a hard copy of Exhibit MK-1 and Exhibit MK-2 on the Respondents be dispensed with;

(b)    in lieu of personal service, service of Exhibit MK-1 and Exhibit MK-2 may be effected by delivering a copy of Exhibit MK-1 on USB Drive or by digital sharelink.

10.    The proceedings and the Applicant’s claim for interlocutory relief be adjourned for further hearing on 12 September 2025 or such other date as the Queensland registry determines.

11.    Liberty to apply on 24 hours’ notice.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

ANNEXURE A

No. QUD607/2025

Federal Court of Australia

District Registry: Brisbane

Division: General

DEPUTY COMMISSIONER OF TAXATION
Applicant

BUNDABERG INDOOR SPORTS PTY LTD ACN 645 830 753 and others named in the schedule

Respondents

PENAL NOTICE

TO:    BUNDABERG INDOOR SPORTS PTY LTD

    ACN 645 830 753

IF YOU (BEING THE PERSON BOUND BY THIS ORDER):

(A)    REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR

(B)    DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,

YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.

TO:     BUNDABERG INDOOR SPORTS PTY LTD

ACN 645 830 753

This is a 'freezing order' made against you on 5 September 2025 by Justice Anderson at a hearing without notice to you after the Court was given the undertakings set out in Schedule A to this order and after the Court read the affidavits listed in Schedule B to this order.

THE COURT ORDERS:

INTRODUCTION

(1)    (a)     The application for this order is made returnable immediately.

(b)     The time for service of the application, supporting affidavits and originating process is abridged and service is to be effected by 6.00 pm on 5 September 2025.

(2)    Subject to the next paragraph, this order has effect up to and including 12 September 2025 (the Return Date). On the Return Date at 10.15am, there will be a further hearing in respect of this order before a judge to be advised by the Queensland Registry.

(3)    Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.

(4)    In this order:

(a)     'applicant', if there is more than one applicant, includes all the applicants;

(b)     'you', where there is more than one of you, includes all of you and includes you if you are a corporation;

(c)     'third party' means a person other than you and the applicant;

(d)     'unencumbered value' means value free of mortgages, charges, liens or other encumbrances.    

(5)    (a)     If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.

(b)     If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.

FREEZING OF ASSETS

(6)    (a)     You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets in Australia (‘Australian assets’) up to the unencumbered value of AUD$31,207,838.65 (‘the Relevant Amount’).

(b)     If the unencumbered value of your Australian assets exceeds the Relevant Amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the Relevant Amount.

(c)     If the unencumbered value of your Australian assets is less than the Relevant Amount, and you have assets outside Australia ('ex-Australian assets'):

(i)    You must not dispose of, deal with or diminish the value of any of your Australian assets and ex-Australian assets up to the unencumbered value of your Australian and ex-Australian assets of the Relevant Amount; and

(ii)    You may dispose of, deal with or diminish the value of any of your ex-Australian assets, so long as the unencumbered value of your Australian assets and ex-Australian assets still exceeds the Relevant Amount.

(7)    For the purposes of this order,

(1)    your assets include:

(i)    all your assets, whether or not they are in your name and whether they are solely or co-owned;

(ii)    any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and

(iii)    the following assets in particular:

(A)    the following properties, or, if they have been sold, the net proceeds of the sale; and

(B)    the assets of your business Bundaberg Indoor Sports Pty Ltd carried on at 29 Bolewski Street, Avoca QLD 4670 or, if any or all of the assets have been sold, the net proceeds of the sale;

(C)    and any money in account in the following account:

(2)    the value of your assets is the value of the interest you have individually in your assets.

PROVISION OF INFORMATION

(8)    Subject to paragraph 9, you must:

(a)     at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets worldwide including Australia, giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets;

(b)     within 14 working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information.

(9)    (a)     This paragraph (9) applies if you are not a corporation and you wish to object to complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that you

(i)    have committed an offence against or arising under an Australian law or a law of a foreign country; or

(ii)    are liable to a civil penalty.

(b)     This paragraph (9) also applies if you are a corporation and all of the persons who are able to comply with paragraph 8 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively:

(i)    have committed an offence against or arising under an Australian law or a law of a foreign country; or

(ii)    are liable to a civil penalty.

(c)     You must:

(i)    disclose so much of the information required to be disclosed to which no objection is taken; and

(ii)    prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and

(iii)    file and serve on each other party a separate affidavit setting out the basis of the objection.

EXCEPTIONS TO THIS ORDER

(10)    This order does not prohibit you from:

(a)     paying up to $20,000 on your reasonable legal expenses incurred in these proceedings;

(b)     dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred; and

(c)     in relation to matters not falling within (a) and (b) dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the applicant, if possible, at least two working days written notice of the particulars of the obligation.

(11)    You and the applicant may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the applicant or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the applicant and you, and the Court may order that the exceptions are varied accordingly.

(12)    (a)     This order will cease to have effect if you:

(i)    pay the sum of $31,207,838.65 into Court; or

(ii)    pay that sum into a joint bank account in the name of your lawyer and the lawyer for the applicant as agreed in writing between them; or

(iii)    provide security in that sum by a method agreed in writing with the applicant to be held subject to the order of the Court.

(b)     Any such payment and any such security will not provide the applicant with any priority over your other creditors in the event of your insolvency.

(c)     If this order ceases to have effect pursuant 12(a) above, you must as soon as practicable file with the Court and serve on the applicant notice of that fact.

COSTS

(13)    The costs of this application are reserved to the Court hearing the application on the Return Date

PERSONS OTHER THAN THE APPLICANT AND RESPONDENT

(14)    Set off by banks

This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order.

(15)    Bank withdrawals by the respondent

No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order.

(16)    Persons outside Australia

(a)     Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia.

(b)     The terms of this order will affect the following persons outside Australia:

(i)    you and your directors, officers, employees and agents (except banks and financial institutions);

(A)    is subject to the jurisdiction of this Court; and

(B)    has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and

(C)    is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and

(ii)    any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.

(17)    Assets located outside Australia

Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the applicant.

SCHEDULE A

UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT

(1)    The applicant undertakes to submit to such order (if any) as the Court may consider to be just for the payment of compensation (to be assessed by the Court or as it may direct) to any person (whether or not a party) affected by the operation of the order.

(2)    As soon as practicable, the applicant will file and serve upon the respondent copies of:

(a)     this order;

(b)     this application for this order for hearing on the return date;

(c)     the following material in so far as it was relied on by the applicant at the hearing when the order was made:

(i)    affidavits (or draft affidavits);

(ii)    exhibits capable of being copied;

(iii)    any written submission; and

(iv)    any other document that was provided to the Court.

(d)     a transcript, or, if none is available, a note, of any exclusively oral allegation of fact that was made and of any exclusively oral submission that was put to the Court;

(e)     the originating process, or, if none was filed, any draft originating process produced to the Court.

(3)    As soon as practicable, the applicant will cause anyone notified of this order to be given a copy of it.

(4)    The applicant will pay the reasonable costs of anyone other than the respondent which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the respondent's assets.

(5)    If this order ceases to have effect the applicant will promptly take all reasonable steps to inform in writing anyone to who has been notified of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.

(6)    The applicant will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding.

(7)    The applicant will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the respondent or the respondent's assets.

SCHEDULE B

AFFIDAVITS RELIED ON

NAME AND ADDRESS OF APPLICANT'S LEGAL REPRESENTATIVES

The applicant’s legal representatives are:

c/- Craddock Murray Neumann Lawyers Pty Ltd

Level 7, 131 York Street

SYDNEY NSW 2000

Telephone:    (02) 8268 4000

Facsimile:    (02) 8268 4001

Attention:    Khaled Metlej

ANNEXURE B

No. QUD607/2025

Federal Court of Australia

District Registry: Brisbane

Division: General

DEPUTY COMMISSIONER OF TAXATION
Applicant

BUNDABERG INDOOR SPORTS PTY LTD ACN 645 830 753 and others named in the schedule

Respondents

PENAL NOTICE

TO:    KINNEST FAMILY PTY LTD (ACN 619 017 846)

IF YOU (BEING THE PERSON BOUND BY THIS ORDER):

(A)        REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS     ORDER FOR THE DOING OF THE ACT; OR

(B)    DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,

YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.

TO:     KINNEST FAMILY PTY LTD (ACN 619 017 846)

This is a 'freezing order' made against you on 5 September 2025 by Justice Anderson at a hearing without notice to you after the Court was given the undertakings set out in Schedule A to this order and after the Court read the affidavits listed in Schedule B to this order.

THE COURT ORDERS:

INTRODUCTION

(1)    (a)     The application for this order is made returnable immediately.

(b)     The time for service of the application, supporting affidavits and originating process is abridged and service is to be effected by 6.00 pm on 5 September 2025.

(2)    Subject to the next paragraph, this order has effect up to and including 12 September 2025 (the Return Date). On the Return Date at 10.15 am there will be a further hearing in respect of this order before a judge to be advised by the Queensland Registry.

(3)    Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.

(4)    In this order:

(a)     'applicant', if there is more than one applicant, includes all the applicants;

(b)     'you', where there is more than one of you, includes all of you and includes you if you are a corporation;

(c)     'third party' means a person other than you and the applicant;

(d)     'unencumbered value' means value free of mortgages, charges, liens or other encumbrances.

(5)    (a)     If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.

(b)     If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.

FREEZING OF ASSETS

(6)    (a)     You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets in Australia (‘Australian assets’) up to the unencumbered value of AUD $21,380,094.47 (‘the Relevant Amount’).

(b)     If the unencumbered value of your Australian assets exceeds the Relevant Amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the Relevant Amount.

(c)     If the unencumbered value of your Australian assets is less than the Relevant Amount, and you have assets outside Australia ('ex-Australian assets'):

(i)    You must not dispose of, deal with or diminish the value of any of your Australian assets and ex-Australian assets up to the unencumbered value of your Australian and ex-Australian assets of the Relevant Amount; and

(ii)    You may dispose of, deal with or diminish the value of any of your ex-Australian assets, so long as the unencumbered value of your Australian assets and ex-Australian assets still exceeds the Relevant Amount.

(7)    For the purposes of this order,

(1)    your assets include:

(i)    all your assets, whether or not they are in your name and whether they are solely or co-owned;

(ii)    any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and

(iii)    the following assets in particular:

(A)        the assets of Kinnest Family Pty Ltd (ACN 619 017 846) including assets held under any of the following trading names, or, if any or all of the assets have been sold, the net proceeds of the sale:

(B)        any money in account in the following accounts:

(C)    the following motor vehicle registrations, or, if any or all of the assets have been sold, the net proceeds of the sale:

(2)    the value of your assets is the value of the interest you have individually in your assets.

PROVISION OF INFORMATION

(8)    Subject to paragraph 9, you must:

(a)     at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets world-wide including Australia, giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets;

(b)     within 14 working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information.

(9)    (a)     This paragraph (9) applies if you are not a corporation and you wish to object to complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that you

(i)    have committed an offence against or arising under an Australian law or a law of a foreign country; or

(ii)    are liable to a civil penalty.

(b)     This paragraph (9) also applies if you are a corporation and all of the persons who are able to comply with paragraph 8 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively:

(i)    have committed an offence against or arising under an Australian law or a law of a foreign country; or

(ii)    are liable to a civil penalty.

(c)     You must:

(i)    disclose so much of the information required to be disclosed to which no objection is taken; and

(ii)    prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and

(iii)    file and serve on each other party a separate affidavit setting out the basis of the objection.

EXCEPTIONS TO THIS ORDER

(10)    This order does not prohibit you from:

(a)     paying $20,000 on your reasonable legal expenses incurred in these proceedings;

(b)     dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred; and

(c)     in relation to matters not falling within (a) or (b), dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the applicant, if possible, at least two working days written notice of the particulars of the obligation.

(11)    You and the applicant may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the applicant or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the applicant and you, and the Court may order that the exceptions are varied accordingly.

(12)    (a)     This order will cease to have effect if you:

(i)    pay the sum of $21,380,094.47 into Court; or

(ii)    pay that sum into a joint bank account in the name of your lawyer and the lawyer for the applicant as agreed in writing between them; or

(iii)    provide security in that sum by a method agreed in writing with the applicant to be held subject to the order of the Court.

(b)     Any such payment and any such security will not provide the applicant with any priority over your other creditors in the event of your insolvency.

(c)     If this order ceases to have effect pursuant 12(a) above, you must as soon as practicable file with the Court and serve on the applicant notice of that fact.

COSTS

(13)    The costs of this application are reserved to the Court hearing the application on the Return Date

PERSONS OTHER THAN THE APPLICANT AND RESPONDENT

(14)    Set off by banks

This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order.

(15)    Bank withdrawals by the respondent

No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order.

(16)    Persons outside Australia

(a)     Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia.

(b)     The terms of this order will affect the following persons outside Australia:

(i)    you and your directors, officers, employees and agents (except banks and financial institutions);

(A)    is subject to the jurisdiction of this Court; and

(B)    has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and

(C)    is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and

(ii)    any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.

(17)    Assets located outside Australia

Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the applicant.

SCHEDULE A

UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT

(1)    The applicant undertakes to submit to such order (if any) as the Court may consider to be just for the payment of compensation (to be assessed by the Court or as it may direct) to any person (whether or not a party) affected by the operation of the order.

(2)    As soon as practicable, the applicant will file and serve upon the respondent copies of:

(a)     this order;

(b)     this application for this order for hearing on the return date;

(c)     the following material in so far as it was relied on by the applicant at the hearing when the order was made:

(i)    affidavits (or draft affidavits);

(ii)    exhibits capable of being copied;

(iii)    any written submission; and

(iv)    any other document that was provided to the Court.

(d)     a transcript, or, if none is available, a note, of any exclusively oral allegation of fact that was made and of any exclusively oral submission that was put, to the Court;

(e)     the originating process, or, if none was filed, any draft originating process produced to the Court..

(3)    As soon as practicable, the applicant will cause anyone notified of this order to be given a copy of it.

(4)    The applicant will pay the reasonable costs of anyone other than the respondent which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the respondent's assets.

(5)    If this order ceases to have effect the applicant will promptly take all reasonable steps to inform in writing anyone to who has been notified of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.

(6)    The applicant will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding.

(7)    The applicant will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the respondent or the respondent's assets.

SCHEDULE B

AFFIDAVITS RELIED ON

NAME AND ADDRESS OF APPLICANT'S LEGAL REPRESENTATIVES

The applicant’s legal representatives are:

c/- Craddock Murray Neumann Lawyers Pty Ltd

Level 7, 131 York Street

SYDNEY NSW 2000

Telephone:    (02) 8268 4000

Facsimile:    (02) 8268 4001

Attention:    Khaled Metlej

ANNEXURE C

No. QUD607/2025

Federal Court of Australia

District Registry: Brisbane

Division: General

DEPUTY COMMISSIONER OF TAXATION
Applicant

BUNDABERG INDOOR SPORTS PTY LTD ACN 645 830 753 and others named in the schedule
Respondents

PENAL NOTICE

TO:    COLIN JAMES KINNEST

IF YOU (BEING THE PERSON BOUND BY THIS ORDER):

(A)    REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR

(B)    DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,

YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.

TO:     COLIN JAMES KINNEST

This is a 'freezing order' made against you on 5 September 2025 by Justice Anderson at a hearing without notice to you after the Court was given the undertakings set out in Schedule A to this order and after the Court read the affidavits listed in Schedule B to this order.

THE COURT ORDERS:

INTRODUCTION

(1)    (a)     The application for this order is made returnable immediately.

(b)     The time for service of the application, supporting affidavits and originating process is abridged and service is to be effected by 6.00 pm on 5 September 2025.

(2)    Subject to the next paragraph, this order has effect up to and including 12 September 2025 (the Return Date). On the Return Date at 10.15 am there will be a further hearing in respect of this order before a judge to be advised by the Queensland Registry.

(3)    Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.

(4)    In this order:

(a)     'applicant', if there is more than one applicant, includes all the applicants;

(b)     'you', where there is more than one of you, includes all of you and includes you if you are a corporation;

(c)     'third party' means a person other than you and the applicant;

(d)     'unencumbered value' means value free of mortgages, charges, liens or other encumbrances.

(5)    (a)     If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.

(b)     If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.

FREEZING OF ASSETS

(6)    (a)     You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets in Australia (‘Australian assets’) up to the unencumbered value of AUD$6,150,000.00 (‘the Relevant Amount’).

(b)     If the unencumbered value of your Australian assets exceeds the Relevant Amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the Relevant Amount.

(c)     If the unencumbered value of your Australian assets is less than the Relevant Amount, and you have assets outside Australia ('ex-Australian assets'):

(i)    You must not dispose of, deal with or diminish the value of any of your Australian assets and ex-Australian assets up to the unencumbered value of your Australian and ex-Australian assets of the Relevant Amount; and

(ii)    You may dispose of, deal with or diminish the value of any of your ex-Australian assets, so long as the unencumbered value of your Australian assets and ex-Australian assets still exceeds the Relevant Amount.

(7)    For the purposes of this order,

(1)    your assets include:

(i)    all your assets, whether or not they are in your name and whether they are solely or co-owned;

(ii)    any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and

(iii)    the following assets in particular:

(A)    the following properties, or, if they have been sold, the net proceeds of the sale; and

(B)    the following shareholdings and all dividends in relation to these shares, or, if they have been sold, the net proceeds of the sale:

(C)    All other shares or options you have in Adelong Gold Limited or any other Australian registered company, and all dividends in relation to these shares;

(D)    any money in the following accounts:

(2)    the value of your assets is the value of the interest you have individually in your assets.

PROVISION OF INFORMATION

(8)    Subject to paragraph 9, you must:

(a)     at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets worldwide including Australia, giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets;

(b)     within 14 working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information.

(9)    (a)     This paragraph (9) applies if you are not a corporation and you wish to object to complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that you

(i)    have committed an offence against or arising under an Australian law or a law of a foreign country; or

(ii)    are liable to a civil penalty.

(b)     This paragraph (9) also applies if you are a corporation and all of the persons who are able to comply with paragraph 8 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively:

(i)    have committed an offence against or arising under an Australian law or a law of a foreign country; or

(ii)    are liable to a civil penalty.

(c)     You must:

(i)    disclose so much of the information required to be disclosed to which no objection is taken; and

(ii)    prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and

(iii)    file and serve on each other party a separate affidavit setting out the basis of the objection.

EXCEPTIONS TO THIS ORDER

(10)    This order does not prohibit you from:

(a)     paying up to $1,000.00 a week on your ordinary living expenses;

(b)     paying $20,000.00 on your reasonable legal expenses incurred in these proceedings;

(c)     dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred; and

(d)     in relation to matters not falling within (a), (b) or (c), dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the applicant, if possible, at least two working days written notice of the particulars of the obligation.

(11)    You and the applicant may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the applicant or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the applicant and you, and the Court may order that the exceptions are varied accordingly.

(12)    (a)     This order will cease to have effect if you:

(i)    pay the sum of AUD$6,150,000.00 into Court; or

(ii)    pay that sum into a joint bank account in the name of your lawyer and the lawyer for the applicant as agreed in writing between them; or

(iii)    provide security in that sum by a method agreed in writing with the applicant to be held subject to the order of the Court.

(b)     Any such payment and any such security will not provide the applicant with any priority over your other creditors in the event of your insolvency.

(c)     If this order ceases to have effect pursuant 12(a) above, you must as soon as practicable file with the Court and serve on the applicant notice of that fact.

COSTS

(13)    The costs of this application are reserved to the Court hearing the application on the Return Date

PERSONS OTHER THAN THE APPLICANT AND RESPONDENT

(14)    Set off by banks

This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order.

(15)    Bank withdrawals by the respondent

No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order.

(16)    Persons outside Australia

(a)     Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia.

(b)     The terms of this order will affect the following persons outside Australia:

(i)    you and your directors, officers, employees and agents (except banks and financial institutions);

(A)    is subject to the jurisdiction of this Court; and

(B)    has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and

(C)    is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and

(ii)    any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.

(17)    Assets located outside Australia

Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the applicant.

SCHEDULE A

UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT

(1)    The applicant undertakes to submit to such order (if any) as the Court may consider to be just for the payment of compensation (to be assessed by the Court or as it may direct) to any person (whether or not a party) affected by the operation of the order.

(2)    As soon as practicable, the applicant will file and serve upon the respondent copies of:

(a)     this order;

(b)     this application for this order for hearing on the return date;

(c)     the following material in so far as it was relied on by the applicant at the hearing when the order was made:

(i)    affidavits (or draft affidavits);

(ii)    exhibits capable of being copied;

(iii)    any written submission; and

(iv)    any other document that was provided to the Court.

(d)     a transcript, or, if none is available, a note, of any exclusively oral allegation of fact that was made and of any exclusively oral submission that was put to the Court;

(e)     the originating process, or, if none was filed, any draft originating process produced to the Court.

(3)    As soon as practicable, the applicant will cause anyone notified of this order to be given a copy of it.

(4)    The applicant will pay the reasonable costs of anyone other than the respondent which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the respondent's assets.

(5)    If this order ceases to have effect the applicant will promptly take all reasonable steps to inform in writing anyone to who has been notified of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.

(6)    The applicant will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding.

(7)    The applicant will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the respondent or the respondent's assets.

SCHEDULE B

AFFIDAVITS RELIED ON

NAME AND ADDRESS OF APPLICANT'S LEGAL REPRESENTATIVES

The applicant’s legal representatives are:

c/- Craddock Murray Neumann Lawyers Pty Ltd

Level 7, 131 York Street

SYDNEY NSW 2000

Telephone:    (02) 8268 4000

Facsimile:    (02) 8268 4001

Attention:    Khaled Metlej

ANNEXURE D

No. QUD607/2025

Federal Court of Australia

District Registry: Brisbane

Division: General

DEPUTY COMMISSIONER OF TAXATION
Applicant

BUNDABERG INDOOR SPORTS PTY LTD ACN 645 830 753 and others named in the schedule
Respondents

PENAL NOTICE

TO:    ASHLEE MAREE KINNEST

IF YOU (BEING THE PERSON BOUND BY THIS ORDER):

(A)    REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR

(B)    DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,

YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.

TO:     ASHLEE MAREE KINNEST

This is a 'freezing order' made against you on 5 September 2025 by Justice Anderson at a hearing without notice to you after the Court was given the undertakings set out in Schedule A to this order and after the Court read the affidavits listed in Schedule B to this order.

THE COURT ORDERS:

INTRODUCTION

(1)    (a)     The application for this order is made returnable immediately.

(b)     The time for service of the application, supporting affidavits and originating process is abridged and service is to be effected by 6.00 pm on 5 September 2025.

(2)    Subject to the next paragraph, this order has effect up to and including 12 September 2025 (the Return Date). On the Return Date at 10.15 am there will be a further hearing in respect of this order before a judge to be advised by the Queensland Registry.

(3)    Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.

(4)    In this order:

(a)     'applicant', if there is more than one applicant, includes all the applicants;

(b)     'you', where there is more than one of you, includes all of you and includes you if you are a corporation;

(c)     'third party' means a person other than you and the applicant;

(d)     'unencumbered value' means value free of mortgages, charges, liens or other encumbrances.

(5)    (a)     If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.

(b)     If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.

FREEZING OF ASSETS

(6)    (a)     You must not remove from Australia or in any way dispose of, deal with or diminish the value of any of your assets in Australia (‘Australian assets’) up to the unencumbered value of AUD$2,995,000.00 (‘the Relevant Amount’).

(b)     If the unencumbered value of your Australian assets exceeds the Relevant Amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the Relevant Amount.

(c)     If the unencumbered value of your Australian assets is less than the Relevant Amount, and you have assets outside Australia ('ex-Australian assets'):

(i)    You must not dispose of, deal with or diminish the value of any of your Australian assets and ex-Australian assets up to the unencumbered value of your Australian and ex-Australian assets of the Relevant Amount; and

(ii)    You may dispose of, deal with or diminish the value of any of your ex-Australian assets, so long as the unencumbered value of your Australian assets and ex-Australian assets still exceeds the Relevant Amount.

(7)    For the purposes of this order,

(1)    your assets include:

(i)    all your assets, whether or not they are in your name and whether they are solely or co-owned;

(ii)    any asset which you have the power, directly or indirectly, to dispose of or deal with as if it were your own (you are to be regarded as having such power if a third party holds or controls the asset in accordance with your direct or indirect instructions); and

(iii)    the following assets in particular:

(A)    the following properties, or, if they has been sold, the net proceeds of the sale; and

(B)    the following shareholdings:

(C)    any money in the following accounts:

(2)    the value of your assets is the value of the interest you have individually in your assets.

PROVISION OF INFORMATION

(8)    Subject to paragraph 9, you must:

(a)     at or before the further hearing on the Return Date (or within such further time as the Court may allow) to the best of your ability inform the applicant in writing of all your assets world-wide including Australia, giving their value, location and details (including any mortgages, charges or other encumbrances to which they are subject) and the extent of your interest in the assets;

(b)     within 14 working days after being served with this order, swear and serve on the applicant an affidavit setting out the above information.

(9)    (a)     This paragraph (9) applies if you are not a corporation and you wish to object to complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that you

(i)    have committed an offence against or arising under an Australian law or a law of a foreign country; or

(ii)    are liable to a civil penalty.

(b)     This paragraph (9) also applies if you are a corporation and all of the persons who are able to comply with paragraph 8 on your behalf and with whom you have been able to communicate, wish to object to your complying with paragraph 8 on the grounds that some or all of the information required to be disclosed may tend to prove that they respectively:

(i)    have committed an offence against or arising under an Australian law or a law of a foreign country; or

(ii)    are liable to a civil penalty.

(c)     You must:

(i)    disclose so much of the information required to be disclosed to which no objection is taken; and

(ii)    prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and

(iii)    file and serve on each other party a separate affidavit setting out the basis of the objection.

EXCEPTIONS TO THIS ORDER

(10)    This order does not prohibit you from:

(a)     paying up to $1,000 a week on your ordinary living expenses;

(b)     paying up to $20,000.00 on your reasonable legal expenses incurred in these proceedings;

(c)     dealing with or disposing of any of your assets in the ordinary and proper course of your business, including paying business expenses bona fide and properly incurred; and

(d)     in relation to matters not falling within (a), (b) or (c), dealing with or disposing of any of your assets in discharging obligations bona fide and properly incurred under a contract entered into before this order was made, provided that before doing so you give the applicant, if possible, at least two working days written notice of the particulars of the obligation.

(11)    You and the applicant may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the applicant or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the applicant and you, and the Court may order that the exceptions are varied accordingly.

(12)    (a)     This order will cease to have effect if you:

(i)    pay the sum of AUD$2,995,000.00 into Court; or

(ii)    pay that sum into a joint bank account in the name of your lawyer and the lawyer for the applicant as agreed in writing between them; or

(iii)    provide security in that sum by a method agreed in writing with the applicant to be held subject to the order of the Court.

(b)     Any such payment and any such security will not provide the applicant with any priority over your other creditors in the event of your insolvency.

(c)     If this order ceases to have effect pursuant 12(a) above, you must as soon as practicable file with the Court and serve on the applicant notice of that fact.

COSTS

(13)    The costs of this application are reserved to the Court hearing the application on the Return Date

PERSONS OTHER THAN THE APPLICANT AND RESPONDENT

(14)    Set off by banks

This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order.

(15)    Bank withdrawals by the respondent

No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order.

(16)    Persons outside Australia

(a)     Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia.

(b)     The terms of this order will affect the following persons outside Australia:

(i)    you and your directors, officers, employees and agents (except banks and financial institutions);

(A)    is subject to the jurisdiction of this Court; and

(B)    has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and

(C)    is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and

(ii)    any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.

(17)    Assets located outside Australia

Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the applicant.

SCHEDULE A

UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT

(1)    The applicant undertakes to submit to such order (if any) as the Court may consider to be just for the payment of compensation (to be assessed by the Court or as it may direct) to any person (whether or not a party) affected by the operation of the order.

(2)    As soon as practicable, the applicant will file and serve upon the respondent copies of:

(a)     this order;

(b)     this application for this order for hearing on the return date;

(c)     the following material in so far as it was relied on by the applicant at the hearing when the order was made:

(i)    affidavits (or draft affidavits);

(ii)    exhibits capable of being copied;

(iii)    any written submission; and

(iv)    any other document that was provided to the Court.

(d)     a transcript, or, if none is available, a note, of any exclusively oral allegation of fact that was made and of any exclusively oral submission that was put to the Court;

(e)     the originating process, or, if none was filed, any draft originating process produced to the Court.

(3)    As soon as practicable, the applicant will cause anyone notified of this order to be given a copy of it.

(4)    The applicant will pay the reasonable costs of anyone other than the respondent which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the respondent's assets.

(5)    If this order ceases to have effect the applicant will promptly take all reasonable steps to inform in writing anyone to who has been notified of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.

(6)    The applicant will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding.

(7)    The applicant will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the respondent or the respondent's assets.

SCHEDULE B

AFFIDAVITS RELIED ON

NAME AND ADDRESS OF APPLICANT'S LEGAL REPRESENTATIVES

The applicant’s legal representatives are:

c/- Craddock Murray Neumann Lawyers Pty Ltd

Level 7, 131 York Street

SYDNEY NSW 2000

Telephone:    (02) 8268 4000

Facsimile:    (02) 8268 4001

Attention:    Khaled Metlej

ANNEXURE E

No. QUD607/2025

Federal Court of Australia

District Registry: Brisbane

Division: General

DEPUTY COMMISSIONER OF TAXATION
Applicant

BUNDABERG INDOOR SPORTS PTY LTD ACN 645 830 753 and others named in the schedule
Respondents

PENAL NOTICE

TO:    BRIDGET JEAN FAITH COTTER

IF YOU (BEING THE PERSON BOUND BY THIS ORDER):

(A)    REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR

(B)    DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU NOT TO DO,

YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.

ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS YOU TO BREACH THE TERMS OF THIS ORDER MAY BE SIMILARLY PUNISHED.

TO:     BRIDGET JEAN FAITH COTTER

This is a 'freezing order' made against you on 5 September 2025 by Justice Anderson at a hearing without notice to you after the Court was given the undertakings set out in Schedule A to this order and after the Court read the affidavits listed in Schedule B to this order.

THE COURT ORDERS:

INTRODUCTION

(1)    (a) The application for this order is made returnable immediately.

(b)     The time for service of the application, supporting affidavits and originating process is abridged and service is to be effected by 6.00 pm on 5 September 2025.

(2)    Subject to the next paragraph, this order has effect up to and including 12 September 2025 (the Return Date). On the Return Date at 10.15 am there will be a further hearing in respect of this order before a judge to be advised by the Queensland Registry.

(3)    Anyone served with or notified of this order, including you, may apply to the Court at any time to vary or discharge this order or so much of it as affects the person served or notified.

(4)    In this order:

(a)     'applicant', if there is more than one applicant, includes all the applicants;

(b)     'you', where there is more than one of you, includes all of you and includes you if you are a corporation;

(c)     'third party' means a person other than you and the applicant;

(d)     'unencumbered value' means value free of mortgages, charges, liens or other encumbrances.

(5)    (a)     If you are ordered to do something, you must do it by yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions.

(b)     If you are ordered not to do something, you must not do it yourself or through directors, officers, partners, employees, agents or others acting on your behalf or on your instructions or with your encouragement or in any other way.

FREEZING OF ASSETS

(6)    (a)     You must not remove from Australia or in any way dispose of, deal with or diminish the value of the asset identified in paragraph (7) below (‘Specified Asset’) up to the unencumbered value of AUD$867,000.00 (‘the Relevant Amount’).

(b)     If the unencumbered value of your Specified Asset exceeds the Relevant Amount, you may remove any of those assets from Australia or dispose of or deal with them or diminish their value, so long as the total unencumbered value of your Australian assets still exceeds the Relevant Amount.

(7)    For the purposes of this order, your Specified Asset are the following property, or, if it has been sold, the net proceeds of the sale;

The value of your assets is the value of the interest you have individually in your assets.

(8)    You and the applicant may agree in writing that the exceptions in the preceding paragraph are to be varied. In that case the applicant or you must as soon as practicable file with the Court and serve on the other a minute of a proposed consent order recording the variation signed by or on behalf of the applicant and you, and the Court may order that the exceptions are varied accordingly.

(9)    (a)     This order will cease to have effect if you:

(i)    pay the sum of $867,000.00 into Court; or

(ii)    pay that sum into a joint bank account in the name of your lawyer and the lawyer for the applicant as agreed in writing between them; or

(iii)    provide security in that sum by a method agreed in writing with the applicant to be held subject to the order of the Court.

(b)     Any such payment and any such security will not provide the applicant with any priority over your other creditors in the event of your insolvency.

(c)     If this order ceases to have effect pursuant 9(a) above, you must as soon as practicable file with the Court and serve on the applicant notice of that fact.

COSTS

(10)    The costs of this application are reserved to the Court hearing the application on the Return Date

PERSONS OTHER THAN THE APPLICANT AND RESPONDENT

(11)    Set off by banks

This order does not prevent any bank from exercising any right of set off it has in respect of any facility which it gave you before it was notified of this order.

(12)    Bank withdrawals by the respondent

No bank need inquire as to the application or proposed application of any money withdrawn by you if the withdrawal appears to be permitted by this order.

(13)    Persons outside Australia

(a)     Except as provided in subparagraph (b) below, the terms of this order do not affect or concern anyone outside Australia.

(b)     The terms of this order will affect the following persons outside Australia:

(i)    you and your directors, officers, employees and agents (except banks and financial institutions);

(A)    is subject to the jurisdiction of this Court; and

(B)    has been given written notice of this order, or has actual knowledge of the substance of the order and of its requirements; and

(C)    is able to prevent or impede acts or omissions outside Australia which constitute or assist in a disobedience of the terms of this order; and

(ii)    any other person (including a bank of financial institution), only to the extent that this order is declared enforceable by or is enforced by a court in a country or state that has jurisdiction over that person or over any of that person's assets.

(14)    Assets located outside Australia

Nothing in this order shall, in respect of assets located outside Australia, prevent any third party from complying or acting in conformity with what it reasonably believes to be its bona fide and properly incurred legal obligations, whether contractual or pursuant to a court order or otherwise, under the law of the country or state in which those assets are situated or under the proper law of any contract between a third party and you, provided that in the case of any future order of a court of that country or state made on your or the third party's application, reasonable written notice of the making of the application is given to the applicant.

SCHEDULE A

UNDERTAKINGS GIVEN TO THE COURT BY THE APPLICANT

(1)    The applicant undertakes to submit to such order (if any) as the Court may consider to be just for the payment of compensation (to be assessed by the Court or as it may direct) to any person (whether or not a party) affected by the operation of the order.

(2)    As soon as practicable, the applicant will file and serve upon the respondent copies of:

(a)     this order;

(b)     this application for this order for hearing on the return date;

(c)     the following material in so far as it was relied on by the applicant at the hearing when the order was made:

(i)    affidavits (or draft affidavits);

(ii)    exhibits capable of being copied;

(iii)    any written submission; and

(iv)    any other document that was provided to the Court.

(d)     a transcript, or, if none is available, a note, of any exclusively oral allegation of fact that was made and of any exclusively oral submission that was put to the Court;

(e)     the originating process, or, if none was filed, any draft originating process produced to the Court.

(3)    As soon as practicable, the applicant will cause anyone notified of this order to be given a copy of it.

(4)    The applicant will pay the reasonable costs of anyone other than the respondent which have been incurred as a result of this order, including the costs of finding out whether that person holds any of the respondent's assets.

(5)    If this order ceases to have effect the applicant will promptly take all reasonable steps to inform in writing anyone to who has been notified of this order, or who he has reasonable grounds for supposing may act upon this order, that it has ceased to have effect.

(6)    The applicant will not, without leave of the Court, use any information obtained as a result of this order for the purpose of any civil or criminal proceedings, either in or outside Australia, other than this proceeding.

(7)    The applicant will not, without leave of the Court, seek to enforce this order in any country outside Australia or seek in any country outside Australia an order of a similar nature or an order conferring a charge or other security against the respondent or the respondent's assets.

SCHEDULE B

AFFIDAVITS RELIED ON

NAME AND ADDRESS OF APPLICANT'S LEGAL REPRESENTATIVES

The applicant’s legal representatives are:

c/- Craddock Murray Neumann Lawyers Pty Ltd

Level 7, 131 York Street

SYDNEY NSW 2000

Telephone:    (02) 8268 4000

Facsimile:    (02) 8268 4001

Attention:    Khaled Metlej

REASONS FOR JUDGMENT

(Delivered ex tempore, revised from transcript)

ANDERSON J:

1    The applicant seeks:

(a)    interim orders on an ex parte basis freezing the assets of the respondents pursuant to Div 7.4 of the Federal Court Rules 2011 (Cth) and the Court's inherent jurisdiction;

(b)    pursuant to r 7.33 of the Rules, the disclosure of assets by the respondents; and

(c)    an order dispensing with service of this interlocutory application for interim orders.

2    The applicant seeks freezing orders against the following entities and individuals:

(a)    the first respondent, Bundaberg Indoor Sports Pty Ltd (BIS), in an amount of $31,207,838.65;

(b)    the second respondent, the Kinnest Family Pty Ltd, in the amount of $21,380,094.47,

(the first and second respondent collectively being the Taxpayer Respondents);

(c)    the Third-Party Respondents, being:

(i)    the third respondent, Colin James Kinnest, over his worldwide assets, up to the unencumbered value of $6,150,000, being the proceeds of the false claims for net business activity statement (BAS) refunds received from the Taxpayer Respondents;

(ii)    the fourth respondent, Ashlee Maree Kinnest, over her worldwide assets, up to the unencumbered value of $2,995,000, being the proceeds of the false claims for the net BAS refunds received from the Taxpayer Respondents;

(iii)    the fifth respondent, Bridget Jean Faith Cotter, over her worldwide assets, up to the unencumbered value of $867,000, being the proceeds of the false claims for the net BAS refunds received from the taxpayer respondents.

3    The applicant relies on two affidavits of Mr Matthew Kristjansson, affirmed on 4 September 2025 and 5 September 2025, and the documents exhibited thereto. I am satisfied that the evidence establishes, during the relevant period, the BAS lodgements declared by the Taxpayer Respondents contained false and misleading information, contrary to section 9-5 of A New Tax System (Goods and Services Tax) Act 1999 (Cth). BIS, Kinnest Family and also Bundaberg Junior Indoor Sports (BJIS) over-reported their GST on sales and GST creditable purchases and collectively claimed GST credits totalling $39,499,956. Of that amount, they received net BAS refunds of $30,927,629, with the balance of the amount retained by the applicant pending an audit investigation.

4    It is to be noted that the applicant presently does not seek any relief against BJIS, as the legal entity behind it has not been identified. The applicant states that the falsely claimed GST refunds arising from the BAS lodgements made through BJIS during the relevant period and received into the bank account of BIS remain relevant to the application as they comprise part of the funds used to acquire a number of real properties.

5    This application is brought in tandem with the filing of an originating application (the recovery application), which seeks judgment against the Taxpayer Respondents for the unpaid tax liabilities in the total amount of $61,491,216.90.

6    Following the filing of this application and the commencement of the recovery application, the applicant has issued notices of amended assessments of GST shortfall and notices of administrative penalties to the Taxpayer Respondents as follows:

(a)    as against BIS, for the period July 2021 to September 2024, for the GST shortfall amount of $16,972,868 and an administrative penalty amount of $15,263,963.80 plus shortfall interest charges;

(b)    as against Kinnest Family, for the period July 2021 to December 2024, for the GST shortfall amount of $11,590,641 and the administrative penalty amount of $10,298,105.85 plus shortfall interest charges.

7    The Third-Party Respondents, identified above, comprise the following.

(a)    first, Mr Kinnest, the sole director of each of the Taxpayer Respondents, the sole beneficial shareholder of BIS and 50% shareholder of Kinnest Family, and is married to Mrs Kinnest;

(b)    second, Mrs Kinnest, the secretary and 50% shareholder of Kinnest Family and married to Mr Kinnest;

(c)    third, Ms Cotter, a content creator on OnlyFans, who is said to be associated with Mr Kinnest.

8    Each of the Third-Party Respondents has purchased real property from funds wholly or predominantly derived from and traced to the net BAS refunds received by each of the Taxpayer Respondents as a result of the false and misleading information submitted in the BAS lodgements during the relevant periods. Mr Kinnest has already sold three of the nine properties acquired by him using funds traceable to the net BAS refunds and has encumbered the remaining six by registered mortgages. Notably, these disposals each occurred after Mr Kinnest was contacted by the Commissioner of Taxation and asked to provide information and details regarding the GST refunds claimed.

9    Also, on 8 August 2025, Mrs Kinnest sold one of the properties acquired by her using funds traceable to the net BAS refunds and presently has another of the properties acquired by her, using the funds traceable to the net BAS refunds, listed for sale. BIS has also purchased real property from funds wholly or predominantly derived from funds traceable to the net BAS refunds received by BJIS and Kinnest Family. One of these properties is encumbered by a mortgage in favour of Money Renters Pty Ltd and Tree River Pty Ltd.

10    On the basis of these matters, there is a real risk of dissipation of assets of the respondents unless freezing orders are made. The evidence plainly demonstrates this real risk.

11    I now turn to the Court's power to make the freezing orders sought. The Court has the power to make freezing orders pursuant to s 23 of the Federal Court Act 1975 (Cth) and Div 7.4 of the Rules as well as the inherent jurisdiction as a superior court: Deputy Commissioner of Taxation v Huang (2021) 273 CLR 429 at [16], [24]. Rule 7.32 of the Rules empowers the Court to make freezing orders, including "without notice to a respondent".

12    The Court may also make, and the applicant seeks in this application, ancillary orders under r 7.33 of the Rules.

13    It is well established and recognised that a freezing order operates to preserve the status quo: Huang at [29]. The status quo to be preserved by the freezing order is the existence of assets which could be realised to pay a prospective judgment debt: Huang at [31].

14    Rule 7.35 sets further criteria for the Court relevant to the discretion as to whether to grant a freezing order (or an ancillary order) and, relevantly, applies to a prospective judgment debtor where:

(a)    “an applicant has a good arguable case on an accrued or prospective cause of action that is justiciable in: (i) the Court”: r 7.35(1)(b);

(b)    The Court “is satisfied, having regard to all the circumstances, that there is a danger that a judgment or prospective judgment will be wholly or partly unsatisfied because any of the following might occur:… (b) the assets of the judgment debtor, prospective judgment debtor or another person are:… (ii) disposed of, dealt with or diminished in value.”: r 7.35(4).

15    The relevant principles are well established and were stated by Gordon J in Deputy Commissioner of Taxation v Vasiliades (2014) 323 ALR 59; [2014] FCA 1250 at [35]-[37]. Gordon J identified that there are three limbs which are required to be satisfied, namely, as follows:

(a)    first, the applicant has a good or reasonably arguable case on a prospective cause of action that is justiciable before the court;

(b)    second, there must be a danger that the prospective judgment will be wholly or partially unsatisfied because either:

(i)    the prospective judgment debtor absconds; or

(ii)    the assets of the prospective judgment debtor or another person will either be removed from Australia or from a place inside or outside Australia, or the assets are disposed of, dealt with or diminished in value; and

(c)    thirdly, that the balance of convenience favours the granting of the orders.

16    In the present case, I am satisfied, on the affidavit of evidence of Mr Kristjansson, that the applicant's prospective claim for judgment is justiciable by this Court.

17    I am satisfied, on the evidence, that the applicant has a good arguable case in relation to the tax-related liabilities. As Ms Bishop, senior counsel for the applicant, has informed me this afternoon, the Taxpayer Respondents have or will be shortly served with notices of amended assessments, and, pursuant to s 350-10(1) of Schedule 1 of the Taxation Administration Act 1953 (Cth), once served, those notices of amended assessments will be conclusive evidence in these proceedings that the assessments were properly made and that the amounts and particulars of the assessment are correct.

18    On this basis, I am satisfied that the applicant has a good arguable case against the Taxpayer Respondents as to the tax-related liabilities which are the subject of the notices of amended assessment.

19    I am also satisfied, on the evidence, that there is a real danger that a prospective judgment against either the Taxpayer Respondents or the Third-Party Respondents will be wholly or partly unsatisfied if the freezing orders are not granted in order to preserve those assets.

20    I now turn to the balance of convenience. The balance of convenience favours the grant of the freezing orders. The freezing orders are consistent with the form of freezing order set out in the relevant Practice Note (GPN-FRZG), as adapted to meet the present circumstances.

21    The form of orders also provides a number of safeguards and protections for the respondents. These include the following:

(a)    the applicant's undertaking as to damages;

(b)    the freezing orders being limited by reference to the size of the relevant tax-related liabilities;

(c)    allowing for the Taxpayer Respondents to meet reasonable legal expenses incurred in the proceedings, up to $20,000 each;

(d)    allowing for Mr Kinnest and Mrs Kinnest to meet living expenses up to a combined amount of $2,000 per week;

(e)    allowing Mr Kinnest and Mrs Kinnest to meet reasonable legal expenses of up to $40,000 incurred in these proceedings;

(f)    permitting the Taxpayer Respondents and the Third-Party Respondents to deal with or dispose of any assets in discharging obligations bona fide and properly incurred under a contract entered into before the freezing orders are made, provided that before doing so, two business days written notice is provided to the applicant of the particulars of the relevant obligation; and finally

(g)    that the orders are made on an interim basis and for a limited timeframe.

22    I am satisfied that Mr Kristjansson 's two affidavits provide full and frank disclosure of all relevant matters. I will make the freezing orders in the form sought by the applicant. I will also make the ancillary orders that are sought for disclosure, and for substituted service on the respondents.

Associate:

Dated:    9 September 2025

SCHEDULE OF PARTIES