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Privilege update: recent developments and current practice presentation

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

John Paynter CTA
Hugh is a Partner in the Disputes group of Herbert Smith Freehills. Hugh has extensive experience in commercial dispute resolution and has a particular focus on tax disputes. He acts in cases involving strategic advice and risk reviews and audits through to litigation in Courts and Tribunals. He has acted in some of the largest tax disputes in Australia, particularly in the areas of transfer pricing and anti-avoidance, and was recently acting for the taxpayer in a test case on R&D in the AAT. - Current at 04 September 2019
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This was presented at Manoeuvring the Maze: Tax Forum .

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