The NSW Supreme Court has dismissed Rural & General Insurance founder Charles Pratten’s bid to invalidate documents used in his criminal trial last year.

Pratten is awaiting sentencing after being found guilty in June last year of tax fraud, following the Project Wickenby investigation into international evasion.

Last November he brought a civil case against the Commonwealth Director of Public Prosecutions (DPP), the Federal Tax Commissioner, the Australian Federal Police (AFP) and an AFP officer challenging documents and decisions relating to his conviction.

Ruling in Pratten’s favour would invalidate or quash certain income tax returns so the DPP and Australian Tax Office (ATO) could not rely on them, according to a decision handed down last month by Justice Stephen Rothman.

The case raised constitutional and jurisdictional issues, and the court does not have the jurisdiction to quash the tax documents, he says.

It was not unlawful for the AFP to give documents to the ATO, Justice Rothman says.

In 2008 search warrants were executed in Australia and Vanuatu. ATO officers accompanied the AFP on the Australian search, directing them to particular materials.

Pratten sought an order requiring the DPP to withdraw the prosecution and drop the case, but

Justice Rothman says sentencing must proceed. 

A “collateral attack by way of civil remedy or writ… ought not be allowed”, the judge says.