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Privilege update: recent developments and current practice presentation


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

John Paynter CTA
Hugh is a Disputes Partner at Herbert Smith Freehills based in Sydney. He has practised in the tax disputes area since 2002. His key focus areas are anti-avoidance, transfer pricing and international tax, acting for clients in banking and insurance, mining and energy, technology and pharma. He has acted extensively in matters involving legal professional privilege across both tax and other regulatory investigations, as well as in commercial disputes generally. He was a member of the Law Council sub group working with the ATO on their most recent privilege guidance. - Current at 18 November 2021
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This was presented at Manoeuvring the Maze: Tax Forum .

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