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Stealing the gold – Project Wickenby paper

Published on 11 Oct 08 by VICTORIAN DIVISION, THE TAX INSTITUTE

The recent activities of the ATO with Operation Wickenby bring a stark reminder to tax advisors that the ATO won't be far behind in targeting dubious tax schemes that seek to venture ‘over the line'. This paper reviews key Wickenby issues for tax advisors such as legal professional privilege, the privilege against self incrimination and the courts' attitude towards tax criminals by reference to:

  • the stockaders - who are the targets?
  • the troopers and their ammunition
  • armed resistance - LPP and privilege against self incrimination?
  • the casualties - analysis of the sentencing of Wheatley
  • a brutal over-reaction or legitimate enforcement?

Author profile:

Jennifer Batrouney QC QC CTA
Jennifer is a highly respected and sought-after advocate and adviser. She has had extensive experience in appearing before the High Court, the Federal Court and the superior State courts - mainly in revenue matters. Jennifer is President of the Tax Bar Association, and a director of the Law Council of Australia and the Australian Charity Law Association. She is a member of the Executive of the Victorian Bar Council and a member of the Melbourne Law School Advisory Council. Jennifer was a member of the Superannuation Complaints Tribunal in 2001-2003, the President of Australian Women Lawyers in 2003-2004 and was Deputy Chairman of the Board of Barristers' Clerking Services Pty Ltd (List A) from 2004 until 2007. She has sat on the Law Council of Australia's Tax Committee since 1991 and represents the Law Council on the Federal Court Users' Committee. Jennifer is also a consultant to the Federal Treasury in relation to the Tax Issues Entry System and was a member of the Advisory Panel to the Board of Taxation from 2010 to 2013. Current at 11 March 2015 Click here to expand/collapse more articles by Jennifer BATROUNEY.
 

This was presented at 2008 Victorian State Convention.

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