ADMINISTRATIVE LAW – Application for extension of time to appeal –decision to cancel disability support pension under the Social Security Act 1991 (Cth) – appeal from Administrative Appeals Tribunal – Administrative Appeals Tribunal Act 1975 (Cth), s 44 – discretion to extend time to appeal – matters to be taken into account – explanation for delay – whether there is a question of law – whether any merit in proposed appeal – procedural fairness – whether AAT decision infected by actual or apprehended bias.
PRACTICE AND PROCEDURE – Application for extension of time to appeal – reasons for delay – whether appeal disclosed question of law – Legal Aid Commission Act 1979 (NSW), ss 56, 57.
BANKRUPTCY AND INSOLVENCY – consideration of an application to set aside a winding up order on the ground of irregularity in the service of a statutory demand under the Corporations Act 2001 (Cth) and in service of the originating proceedings together with supporting material – consideration of the presumptions arising under the Evidence Act 1995 (Cth) and the Acts Interpretation Act 1901 (Cth) – consideration of s109X of the Corporations Act 2001 (Cth) as to service
CORPORATIONS – consideration of the requirements in relation to service of a statutory demand issued under the Corporations Act 2001 (Cth) and service of originating proceedings seeking an order that the company be wound up in insolvency by the Court – consideration of the consequences of an irregularity in effecting service
CORPORATIONS – winding up – statutory demand – whether compliance with statutory requirements for postal service pursuant to s 109X of the Corporations Act 2001 (Cth) – statutory demand sent by Commissioner though never received at company’s registered office – held non–compliance with s 109X of the Corporations Act 2001 (Cth)
EVIDENCE – presumptions pursuant to s 160 and s 163 of the Evidence Act 1995 (Cth) and s 29 of the Acts Interpretation Act 1901 (Cth) – service of documents on companies by post – statutory presumptions as to time of service where document posted to registered office – only generic evidence led of postal delivery times to support presumption – express evidence of non–receipt – held presumption rebutted
CORPORATIONS – solvency and insolvency – whether company is insolvent pursuant to s 95A of the Corporations Act 2001 (Cth) – no evidence led by Commissioner as to resources company may command in a reasonable time to meet debts already due and such as may fall due – held failure to prove insolvency
CORPORATIONS – winding up – statutory demand – proof of service by post where registered office of corporation included a post code – where post code was obscured on envelope containing statutory demand – whether compliance with statutory requirements for postal service pursuant to s 109X of the Corporations Act 2001 (Cth) and s 28A of the Acts Interpretation Act 1901 (Cth) considered
Held: non-compliance with s 109X of the Corporations Act 2001 (Cth) and s 28A of the Acts Interpretation Act 1901 (Cth)
EVIDENCE – presumptions pursuant to s 29 of the Acts Interpretation Act 1901 (Cth) and s 160 and s 163 of the Evidence Act 1995 (Cth) – service of documents on companies by post – statutory presumptions as to time of service where document posted to registered office – no evidence led as to when documents were delivered – proof of non-receipt
Held: presumptions rebutted
BANKRUPTCY AND INSOLVENCY – inquiry sought into conduct of trustee in bankruptcy in the administration of two bankrupt estates – allegation that trustee engaged in unnecessary litigation – allegation that trustee unduly delayed the administration of the two estates – allegation that the trustee unjustifiably failed to disclose information in legal proceedings in which the bankrupts and the trustee were parties – whether inquiry warranted in the circumstances
Held: Limited inquiry ordered.
TAXATION – Income Tax – Income Tax Assessment Act 1936 (Cth), s 22AOE – notice – service by post – service effected upon delivery – Deputy Commissioner of Taxation v Meredith  NSWCA 354 not followed.
STATUTORY INTERPRETATION – Acts Interpretation Act 1901 (Cth), s 29 – meaning of service by post.
BANKRUPTCY AND INSOLVENCY – Winding up – Application by Deputy Commissioner of Taxation to wind up a company for failure to comply with a statutory demand – Whether statutory demand and accompanying affidavit were served in accordance with s 109X of the Corporations Act 2001 (Cth) – Whether inferences could be made from affidavit of service of demand as to compliance with s 109X of the Corporations Act 2001 (Cth)
Evidence Act 1995 (Cth) ss 3, 160, 163, 183
Evidence Act 1995 (NSW) s 160
Evidence Act 2008 (Vic) s 160
MIGRATION – judicial review of a decision to refuse the grant of a Protection visa given some 19 years ago – time for review is within 28 days of being served with the decision – whether the appellant was served – regs 35 and 173 of the Migration Regulations 1994 (Cth) – the Refugee Review Tribunal had no jurisdiction to review out of time – s 412 of the Migration Act 1958 (Cth)
Evidence Act 1995 (Cth) s 163
VETERANS’ AFFAIRS – Veterans’ Entitlements – application for disability pension dismissed by Veterans’ Review Board – s 155AA notice sent to applicant – whether notice given to the applicant – notice not sent to applicant’s residential address – notice sent to an alternate address which applicant requested correspondence to be sent – notice not given to applicant – decision set aside
Evidence Act 1995 (Cth) ss 4, 5, 163
 NSWSC 495
TAXES AND DUTIES – income tax and related legislation – collection and recovery of tax – recovery of penalty from director of companies – notices sent to director – when plaintiff gave defendant the notices required to be served, when notices posted or when received – construction of section 222AOG of the Income Tax Assessment Act 1936 (Cth) – judgment in favour of plaintiff – costs
 NSWCA 354
EVIDENCE – presumption of delivery in course of post – relationship of Evidence Act 1995 (Cth) to other Acts – Evidence Act 1995 (Cth), ss 160 and 163
NOTICE – service by post – letter from Commonwealth agency – evidence of non-delivery or non-receipt – Acts Interpretation Act 1901 (Cth) s 29 – Income Tax Assessment Act 1936 (Cth) s 222AOF – Evidence Act 1995 (Cth) ss 160 and 163
TAXATION – liability for failure to remit tax withheld from salary entitlements – Income Tax Assessment Act 1936 (Cth) s 222AOE
WORDS & PHRASES – “contrary intention” in statute – “give”, “serve”, “send” a notice – “sending it by post”
[<i>Evidence Act</i>] 1995 (Cth), ss 4, 5, 160, 163, 182
 FCA 1194
TAXATION -Appeals against assessments – appeals lodged out of time -whether the Court has power to grant an extension of time – need for law reform – service of the objection decision.
Evidence Act 1995 (Cth.), ss 160, 161, 163
 FCA 437
MIGRATION – application for leave to appeal – review of protection visa decision –time when applicant received notification of Refugee Review Tribunal’s decision – consideration of evidentiary requirements for notification – where unreasonable delay in responding to decision of Refugee Review Tribunal – application dismissed
 FCA 1449
PRACTICE AND PROCEDURE – estimate of costs made by Registrar – no notice of objection to estimate filed – certificate of taxation issued – respondent claimed certificate not received – respondent seeks to set aside order of Registrar – email service originally relied on for order but no email consent given under Form 12 – subsequent reliance on postage – deeming provisions – serious consequences – degree of certainty of evidence as to actual postage
Held: The order of 31 October 2007 be set aside.
Evidence Act 1995 (Cth) s 160, 160(1), 163
 FCA 1858
ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – whether either s 160 or s 163 of the Evidence Act 1995 creates a presumption of receipt of notice – misapprehension as to correct law – what constitutes “effective service” under s 28A of the Acts Interpretation Act 1901 – what constitutes the giving of written notice in accordance with s 155AA of the Veterans’ Entitlements Act 1986 (Cth)
PRACTICE AND PROCEDURE – appeal under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether notice of appeal complies with the requirements of Order 53 rule 3 of the Federal Court Rules – what constitutes a question of law
Evidence Act 1995 ss 5, 160, 163