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Tax appeals from the AAT and VCAT presentation

Published on 19 Nov 13 by VICTORIAN DIVISION, THE TAX INSTITUTE

The Administrative Appeals Tribunal and the Victorian Civil and Administrative Tribunal are the frontline for reviewing adverse objection decisions of the ATO and SRO, but what happens if a Tribunal decides against you? Appeals from the AAT and VCAT to the Federal and Supreme Courts are extremely limited in nature, so it is important tounderstand what aspects of a decision can be appealed. This presentation examines tax appeals from Tribunals including:

  • a basic introduction to the appeals process
  • consideration of the nature of an appeal from a Tribunal on questions of law
  • drafting appropriate questions of law in a notice of appeal
  • case studies highlighting problems that can arise with notices of appeal
  • appeals from the exercise of administrative discretions
  • appeal costs in the Supreme Court.

Author profile:

Dr Philip Bender
Philip is a Barrister and member of the Institute of Chartered Accountants practising in State and Federal taxation, superannuation and commercial law. He is also a sessional member of the Victorian Civil and Administrative Tribunal (although he still appears as a barrister in the tax list of that Tribunal). Philip advises and appears for taxpayers and revenue authorities in State and Federal courts and tribunals and has appeared on a number of occasions in the High Court. He has also been briefed by other government agencies including ASIC, the Official Trustee in Bankruptcy and the Victorian Government Solicitor's Office. Current at 01 October 2014 Click here to expand/collapse more articles by Philip BENDER.
 
Individual sessions

Tax appeals from the AAT and VCAT

Author(s):  Philip BENDER

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