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Preparing for tax disputes paper
Published on 17 Oct 12 by NATIONAL DIVISION, THE TAX INSTITUTE
In this paper, John de Wijn and Andrew Broadfoot cover:
- how to prepare for a dispute
- what a Tax Manager should think about before going to senior counsel
- what the court’s perspective is likely to be
- reflections on cases and steps that could have been taken to avoid adverse outcomes.
Author profiles
John de Wijn QC CTA - Life
John de Wijn, graduated from Monash University in 1974 with a Bachelor of Jurisprudence and a Bachelor of Law (Hons). In 1978, he obtained a Master of Philosophy from the University of Southampton having completed a thesis on international tax. After practising as a solicitor for about nine years, John came to the Vic Bar in 1984 and took silk in 1997. He has practised predominantly in revenue law. - Current at 01 July 2015Andrew 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
This was presented at 2012 National Resources Tax Conference .
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Individual sessions
Preparing for tax disputes
Author(s): John W DE WIJN, Andrew BROADFOOTMaterials from this session:
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The resources joint venture
Author(s): Jonathon LEEK, Peter JAROSEKMaterials from this session:
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Exploration issues
Author(s): Andrew NELSON, Basil MISTILIS, Shigeaki INOUEMaterials from this session:
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Valuations - Preparing a defensible valuation
Author(s): Stephen REID, Thimendra KARAWDENIYAMaterials from this session:
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The new R&D tax incentive and the resources sector
Author(s): Kris GALEMaterials from this session:
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Tax effective funding for exploration or developing a mine - alternatives to farm-out arrangements
Author(s): Hayden BENTLEYMaterials from this session:
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MRRT - Where are we now?
Author(s): James STRONGMaterials from this session:
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Tax issues arising for globally mobile employees
Author(s): Ben TRAVERS, Daniel HodgsonMaterials from this session:
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Farmout arrangements - Fallout from the ATO rulings
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Roadmap for Australian resource companies investing overseas
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Keeping our ear to the ground - The ATOs administration of the resource rent taxes
Author(s): Stephanie MARTINMaterials from this session:
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Fixtures: What stamp duty can teach you about income tax
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