Ford v Commissioner of Taxation, in the matter of Careers Australia Group Limited (in liq) (No 3) [2022] FCA 1420

Ford v Commissioner of Taxation, in the matter of Careers Australia Group Limited (in liq) (No 3) [2022] FCA 1420

Given both proposed referees were suitable, the Court appointed Shaun Fraser, supported by most parties. Questions for the referee were adopted in the plaintiffs’ proposed common form, as they adequately required determination of insolvency for each company. It was appropriate to appoint junior counsel assisting the referee, capped in costs, due to possible complex legal issues arising during the reference and the balancing of benefits over potential costs.

Jurisdiction
Australia
Judgment Date
25 November 2022
Procedural Posture
Practice and Procedure (case Management, Referral, Discovery) / Interlocutory – Orders for Discovery and Appointment of Referee
Outcome
Orders made for discovery and for referral to referee as specified, with appointment of junior counsel assisting, liberty to apply, and costs reserved.
Legal Topics
['insolvency Determination' 'referral to Referee' 'case Management' 'discovery and Evidence Protocol']
['commercial Law' 'corporations Law' 'insolvency Law' 'civil Procedure'] ['insolvency Determination' 'referral to Referee' 'case Management' 'discovery and Evidence Protocol']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Practice and Procedure (case Management, Referral, Discovery) / Interlocutory – Orders for Discovery and Appointment of Referee

Legal Issues

  1. 1 ['What is the appropriate discovery protocol in relation to the issue of insolvency of the plaintiff companies?' 'What are the appropriate questions and procedure for reference to a referee to determine insolvency?' 'Should a junior counsel be appointed to assist the referee?']

Ratio Decidendi

Given both proposed referees were suitable, the Court appointed Shaun Fraser, supported by most parties. Questions for the referee were adopted in the plaintiffs’ proposed common form, as they adequately required determination of insolvency for each company. It was appropriate to appoint junior counsel assisting the referee, capped in costs, due to possible complex legal issues arising during the reference and the balancing of benefits over potential costs.

Court Disposition

Orders made for discovery and for referral to referee as specified, with appointment of junior counsel assisting, liberty to apply, and costs reserved.

Orders

  • ['Discovery to be conducted as set out by 30 November 2022, with verified lists by all parties.' 'Parties to serve and agree on a statement of agreed facts for the referee.' 'Shaun Fraser of McGrathNicol appointed as referee to inquire and report on insolvency questions specified in Annexure A.' 'Report to be...