Skyring v Commissioner of Taxation

[2007] FCA 1526
69 ATR 421

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Court:

Judge: Greenwood J

Subject References:
consideration of an application for leave pursuant to Order 21, r 1 of the Federal Court Rules for an applicant to take steps in a proceeding when that applicant has been declared a 'vexatious litigant'
consideration of the elements of the contention that provisions of the Reserve Bank Act 1959 (Cth) and the Currency Act 1965 (Cth) are constitutionally invalid
consideration of the effect of an unresolved reserved question as to monies paid into Court by way of security in an appeal and reserved costs of that appeal
consideration of an application for leave to re-open a judgment of the Full Court of the Federal Court
consideration of a contention by the Commissioner of Taxation that there is no power in the Federal Court to re-open a judgment of the Full Court when the orders of the Full Court have been entered and thus perfected
consideration of the decision of the High Court in DJL v Central Authority< (2000) 201 CLR 226 and its implications in the context of the Federal Court of Australia

Legislative References:
Income Tax Assessment Act 1936 (Cth) - ATOtoc
Currency Act 1965 (Cth) - 16
Commonwealth Constitution - 51(ii) ; 51(xii) ; 51(xiii); 71; 73; 75; 76; 77(i); 115
Reserve Bank Act 1959 (Cth) - 34; 35; 36(1); 36(2)
Federal Court of Australia Act 1976 (Cth) - 5; 19(1); 20; 22; 23; 24; 25; 31(2); 33ZD; 59
Federal Court Rules - Order 21, r 1; Order 35, r 7
Family Law Act 1975 (Cth) - 21(2)
Conciliation and Arbitration Act 1904 (Cth) - 98
Judiciary Act 1903 (Cth) - 35A

Case References:
Abebe v Commonwealth - 197 CLR 510
Autodesk Inc. and Another v Dyason and Others [No. 2] - 176 CLR 300
Bailey v Marinoff - 125 CLR 529
DJL v Central Authority - 201 CLR 226
Grassby v The Queen - 168 CLR 1
In the Matter of an Application by Skyring - Unreported (High Court, B11 of 1985), 9 July 1985
In the Matter of Skyring - [2004] FCA 827
Jones v Skyring - 109 ALR 303
McDermott v Richmond Sales (in liq) - [2006] FCA 248
Pantzer v Wenkart BC - [2007] 01482, (unreported), 13 March 2007
Plantagenet Wines v Lyon Nathan Wine Group Australia Ltd - [2006] FCA 247
R v Forbes; Ex parte Bevan - 127 CLR 1
Ramsey v Skyring - [1999] FCA 907; 164 ALR 378
Re McBain; Ex parte Aust. Bishops - 188 ALR 1
Re Skyring's Application (No. 2) - 59 ALJR 561
Re Skyring - 58 ALR 629
Re Skyring - 68 ALJR 618
Skyring v Commissioner of Taxation (G72/1983) - (unreported), 18 April 1984
Skyring v Federal Commissioner of Taxation - 23 ATR 84; 92 ATC 4028
Skyring v Ramsey - [2000] FCA 774

Judgment date: 2 October 2007

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ORDER

THE COURT ORDERS THAT:

1. The application made by Alan George Skyring by Notice of Motion filed on 11 September 2007 for leave to take a further step in the proceeding is refused and the Notice of Motion is dismissed.

2. There shall be no order as to costs.