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Privilege update: recent developments and current practice paper

Published on 24 May 07 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

An understanding of the practical application of legal professional privilege and the concessions extended by the ATO to certain external accounting papers and board papers on tax risk, can be critical to the management of tax audits and disputes. It is important to understand:

  • when communications will be protected from production to the ATO, and how such protection may be lost
  • when and how to claim privilege
  • potential future developments in the law of privilege
  • common scenarios arising in tax audits/disputes in relation to privilege.

Author profile:

Hugh PAYNTER
Hugh is a Senior Associate in the Commercial Litigation department of Freehills in Sydney and is a member of its Tax Litigation and Dispute Resolution Focus Group. Since 2002, his practice has principally focused on high value tax litigation matters, including successfully resolving significant Part IVA disputes for major Australian based and international groups.
Current at 11 April 2007
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This was presented at Manoeuvring the Maze: Tax Forum.

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