Progress finally - An application to set aside a decision the Tax Commissioner obtained by fraud can proceed
The Tax Commissioner's legal representatives had been pressing for the hearing of an application for leave to appeal from a judgement of Justice Wigney in December 2023 to go ahead on 4 September 2024. The alternative, simpler application, to set aside that judgment on the ground that it had been obtained by fraud was delayed and derailed, eventually interrupted by a Registrar refusing to allow it to be filed for reasons that were plainly wrong. As the 4 September 2024 hearing date loomed, the Federal Court delivered a judgment on 28 August 2024 setting aside the decision of the Registrar refusing to accept the application to set aside Justice Wigney's judgment on the ground that it had been obtained by fraud: "THE COURT ORDERS THAT: The decision by the first respondent [Registrar Tom Morgan] on 8 July 2024 to reject the documents sought to be filed by the applicant on 23 June 2024 be set aside." Judgment of Justice Kennett dated 28 August 2024 . In a nail-bitin...