Legal Notes

Form 59 Rule 29.02(1)                                                                                                                     Supplementary Affidavit No.       ACD 57 of 2024 Federal Court of Australia District Registry: Australian Capital Territory Division : General COLIN GEORGE DUNSTAN Applicant ROBYN ORR and others Respondents   Aff...

Absolute Immunity for Commissioner of Taxation relying on false evidence A Federal Court of Australia case involved allegations that senior officers of the Australian Taxation Office relied on false and deceptive evidence in two earlier proceedings.  Barristers briefed to defend the Commissioner of Taxation claimed that his senior officers, and his legal representatives had "absolute immunity" for anything said and done in those proceedings. There was NO denial of the alleged false and deceptive evidence used to deceive judges in the two earlier proceedings.  A new application to set aside the decision in the above Federal Court of Australia on the grounds that it, too, was obtained by false and deceptive submissions by the Commissioner of Taxation's legal representatives has been marred already by new false evidence and submissions.  No Absolute Immunity for Commissioner of Taxation An crucial difference this time around is that the next use of false evidence is an alleg...

 A pattern is emerging... A surprise in an affidavit and submissions filed in the Federal Court of Australia by the Australian Taxation Commissioner's legal representatives was:  An unprofessional false allegation by his solicitor against the applicant in the proceeding, and The response to the applicant's criticism of this unprofessional false allegation was not the expected retraction and apology, but instead, a further false allegation by his junior and senior counsels in submissions falsely asserting the false allegation was true.  BREAKING In an unexpected twist, just a few days after filing an Interlocutory Application and submissions in response to the Australian Taxation Commissioner's counsel making baseless allegations against the Applicant, the Tax Commissioner's solicitor has advised that those counsel HAVE RETURNED THEIR BRIEFS and will no longer appear for the Tax Commissioner. An exchange of emails between the Applicant and the Tax Commissioner...