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Elzain v Deputy Commissioner of Taxation [2024] FCA 873

Elzain v Deputy Commissioner of Taxation [2024] FCA 873

PRACTICE AND PROCEDURE – application for leave to appeal – suppression and non-publication orders – where the Deputy Commissioner of Taxation applied on an ex parte basis for freezing orders – where the Deputy Commissioner of Taxation relied on a large volume of material in support of the application – where the applicants applied for suppression and non-publication orders in respect of large parts of that material – where the primary judge made suppression and non-publication orders in respect of most, but not all, of the material that was the subject of the applicants’ application – whether the decision of the primary judge is attended with sufficient doubt to warrant it being reconsidered by the Full Court – held: application dismissed


Related Federal Court cases about freezing orders

  • Deputy Commissioner of Taxation v Hartley [2025] FCA 322

    PRACTICE AND PROCEDURE – ex parte application for freezing orders and ancillary orders – whether there is a good arguable case for final relief on prospective cause of action for tax related liabilities – whether there is a degree of danger or risk that any judgment obtained will not be met due to dissipation of…

  • Oxford Insurance Brokers PL v NTI Limited [2025] FCA 268

    CORPORATIONS — return of an application seeking the grant of an ex parte interlocutory injunction restraining the first respondent from giving effect to a decision to terminate an agreement — whether prima facie case made out — whether balance of convenience favours the continuation of interim orders — where case is not sufficiently strong to…

  • ASIC v Alshakshir [2025] FCA 19

    PRACTICE AND PROCEDURE – interlocutory application for urgent interim relief – where plaintiff seeks travel orders preventing defendant from leaving Australia pursuant to s 1323 of Corporations Act 2001 (Cth) – where ex parte orders made and application adjourned to allow inter partes hearing – where plaintiff has commenced investigation into defendant and associated entities…

Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0873

For more information, see the original judgement.


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