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Lessons to be learned for litigators from tax cases in the last 12 months paper

Published on 15 Aug 19 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • the onus and standard of proof 
  • Placer Dome – goodwill and “cats, dogs, rats and rabbits”
  • Harding – “a singular disagreement”
  • Resource Capital Fund IV – dealing with tax unicorns
  • BHP Billiton – tax and the art of “contextual conceptualisation”.

Author profiles

Paul Sokolowski CTA
Photo of author, Paul SOKOLOWSKI Paul Sokolowski, CTA, is a partner at Arnold Bloch Leibler, and is the national leader of the firm’s taxation practice. Paul advises clients, including high-net-worth individuals, large private groups and public entities in tax reviews, audits, disputes and litigation, and in domestic and international transactions. Paul is a regular speaker and writer for the Tax Institute, and other organisations and publications. He actively contributes to tax policy, legislative, technical and administrative development and debate. In March 2019, Paul won The Tax Institute’s 2019 Chartered Tax Advisor of the Year Award. - Current at 16 December 2020
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Andrew Spierings ATI
Andrew is a lawyer in Arnold Bloch Leibler’s taxation practice. He acts for high-networth individuals, private groups, public companies and not-for-profits, advising on a range of federal and state taxes in all Australian jurisdictions as well as tax disputes. He holds a Bachelor of Laws with First Class Honours and Bachelor of Commerce from Monash University. - Current at 21 September 2021
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This was presented at Disputes & Litigation Masterclass .

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Individual sessions

Choosing your forum when taking on the Commissioner – What you need to consider

Author(s):  Eugene Wheelahan

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Large scale document production and the ATO's handling of LPP and accountant's concession claims

Author(s):  Jonathan Woodger,  Rebecca SAINT

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