O'Neill v Deputy Commissioner of Taxation [2021] FCA 322

PRACTICE AND PROCEDURE – construction of procedural timetabling order which set aside “all extant orders” – whether that order discharged an interlocutory injunction on foot – whether context and purpose of the court’s order can be considered in construing the order – operation of an order under r 39.05 of the Federal Court Rules 2011 (Cth) nunc pro tunc – whether declaration should be made as to meaning of court order – whether the order can or should be amended to include an endorsement under r 41.06 – correction to orders made under r 39.05 with operation nunc pro tunc – no declaration made in circumstances – orders varied to include endorsement.

Full decision here