In a decision handed down on Wed 4.9.2013, in a tax dispute matter, the Federal Court has held that, in what it said were “the unusual circumstances of the matter”, it agreed with the taxpayer’s request that certain documents in the case remain confidential.
The substantive appeal in question concerns a challenge to the correctness of a ruling made by the Commissioner under Div 359, Sch 1 to the TAA which sets out the Commissioner’s opinion on how taxation laws will apply to a future course of conduct the taxpayer desires to undertake, namely, a corporate demerger between now and 30 June 2016. The Court said the purpose of the s 14ZZ appeal was to challenge the Commissioner’s opinion and to seek orders that a new and different ruling be made which would bind the Commissioner in assessing the taxpayer to income tax in relation to the course of conduct in the tax year that it occurs.
The Court noted that, in the substantive proceeding, the Commissioner has filed and served various documents including commercially sensitive information confidential to the taxpayer and related companies which are affected by a proposed corporate restructure. Those documents are not currently available in the public domain.
The Court was of the view that the documents identified did not need to be disclosed publicly “for a private controversy about a proposed future course of conduct to be properly quelled”. The Court ordered that the relevant documents not be disclosed (by publication or otherwise) to any person other than the parties, their officers and their legal representatives.
(Buckeridge v FCT [2013] FCA 897, Federal Court, McKerracher J, 4 September 2013.)
[LTN 171, 4/9/13]