Full Court Minute Books

Case B9/2018

Commissioner of Taxation for the Commonwealth of Australia v. Tomaras & Ors

Case No.

B9/2018

Case Information

Lower Court Judgment

13/10/2017 Family Court of Australia (Thackray, Strickland & Aldridge JJ)

[2017] FamCAFC 216

Catchwords

Interpretation – Crown immunity – Family Law Act 1975 (Cth) s 90AE – Presumption that statutory provisions expressed in general terms do not bind Crown – Where wife commenced proceedings against husband seeking alteration of property interests including order under s 90AE substituting husband for wife in respect of indebtedness to Commissioner – Where Full Family Court held s 90AE conferred power to make order – Whether Full Family Court erred in concluding presumption Crown not bound by statute did not apply in construction of s 90AE – If yes, whether Full Family Court erred in concluding presumption would have been rebutted – Whether Full Family Court erred in failing to conclude neither Commissioner nor Commonwealth “creditor” or “third party” for purposes of s 90AE.

Short particulars

Documents

23/03/2018 Hearing (SLA, Sydney)

05/04/2018 Notice of appeal

11/05/2018 Written submissions (Appellant)

11/05/2018 Chronology (Appellant)

18/06/2018 Written submissions (Respondents)

09/07/2018 Reply (Appellant)

10/08/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

10/08/2018 Outline of oral argument (Appellant)

10/08/2018 Outline of oral argument (Respondents)