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11 Feb 1313 Decision Impact Statement - Professional Administration Service Centres

The ATO has issued a Decision Impact Statement in relation to the decision of the Full Federal Court in Professional Administration Service Centres Pty Limited v FCT [2012] FCAFC 180.

The decision concerned an appeal from a decision of the primary judge to dismiss the proceedings for failure to comply with certain orders for discovery and production.

The Full Court held that exercise of the primary judge's discretion to dismiss the proceedings had miscarried and that the orders made were "unreasonable or unjust".

The Decision Impact Statement states:

"On the facts of this matter, it was open to the Full Court to draw the conclusion that the exercise by the primary judge of his discretion miscarried. The decision by the Full Court has clarified factors to be considered in the exercise of the discretion to dismiss a matter for non-compliance."


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