2021 – Case reviews


Commissioner of Taxation v Lane [2020] FCAFC 184 – statutory priorities apply on the bankruptcy of trading trustees – principle of ‘hotchpot’ and its application to trust creditors – treatment of preference recoveries of payments of trust money


Deputy Commissioner of Taxation v Shi [2021] HCA 22 – worldwide freezing and ancillary disclosure orders – the courts’ discretion to compel disclosure of worldwide assets pursuant to such orders, despite accepting a claim to the privilege against self-incrimination – the proper construction of s 128A of the Evidence Act 1995 (Cth) – what matters are relevant to the exercise of the courts’ discretion under s 128A(6) – who bears the onus of establishing the matters at s 128(A(6)(a) and (b) – the discretion not available where the privilege is claimed re a tendency of the information to expose the respondent to criminal or civil penalty liability under a foreign law


Rambaldi (Trustee) v Sumpton, in the matter of the Bankrupt Estate of Sumpton [2021] FCA 1199 – worldwide freezing orders – bankrupt failed to disclose interest in shares in an Indian company – property had vested in the trustees in bankruptcy – trustees concerned as to risk of dissipation of those assets – freezing order made