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Fact finding and the operation of Part IVA paper

Published on 01 Mar 11 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • the decision in News Australia Holdings
  • the decision in Trail Bros
  • the decision in BATAS Limited
  • lessons from the litigation
  • evidentiary matters
  • Part IVA extracts.

Author profile

Andrew Broadfoot
Andrew has been a barrister since 2002 and took silk in 2016. He is very experienced in trials, arbitrations and appeals in taxation and commercial law. He also has a broad ranging advice and alternative dispute resolution practice including having appeared on many occasions in Early Neutral Evaluations and before the ATO’s GAAR Panel in substantial revenue related disputes. In the resource tax field he has appeared in numerous petroleum rent resource tax trials and appeals as well as in cases concerning capital allowances and the research and development tax incentive. His commercial practice has encompassed many resource related disputes including arbitrations concerning FPSO contracts and tax indemnities, offtake agreements, health and safety issues, disputes between joint venturers, engineering and construction disputes, reservoir management and disputes about royalties. As trial counsel he has cross-examined expert witnesses on subjects including valuation, accounting, science, engineering, economics, building and construction, medicine and health and safety. - Current at 04 September 2019
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This was presented at Part IVA: Where Are We & Where Are We Going? .

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