The Interlocutory Application of the Respondents to dismiss the Statement of Claim

14 March 2025 

On 14 March 2025 the Tax Commissioner's legal representatives filed an interlocutory application seeking to strike out the Applicant's Statement of Claim lodged 24 November 2024 in "Dunstan v Orr and Others", ACD57 of 2024. 

 The Tax Commissioner's application was accompanied by an Outline of Submissions and an affidavit by Melanie McKean, a solicitor with Ashurst. 

Ms McKean's affidavit annexed more than 1,000 pages of evidence. 

The documents filed in the Federal Court for the Tax Commissioner for this "step" in the proceeding are: 

  1.  Interlocutory Application dated 14 March 2025 
  2. Submissions dated 14 March 2025 in support of the interlocutory application 
  3. Affidavit of Melanie McKean (Part One) 
  4. Affidavit of Melanie McKean (Part Two)

15 May 2025 

The Applicant filed submissions in reply on 15 May 2025. 

A copy is in a separate post "Applicant's Submission in Reply - Dunstan v Orr and others - ACD57 of 2024". 

The Applicant's submissions were filed with two affidavits, the first of which is available in another post "Applicant's Affidavit of 14 May 2025 - Dunstan v Orr and Others - ACD57 of 2024". 

The Applicant's Supplementary Affidavit also dated 14 May 2025 is available to view as a PDF file on Google Drive.

12 June 2025 

The Tax Commissioner's legal representatives filed submissions in reply to the Applicant's submissions and affidavit evidence on 12 June 2025 -  "RESPONDENTS’ OUTLINE OF SUBMISSIONS IN REPLY"

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