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When does ‘tax advice’ become ‘legal advice’ which contravenes state or territory law paper


This paper covers:

  • overview of the area
  • unqualified practise of the law
  • specific v’s general prohibitions - including the Victoria 1958 Act 
  • case law on ‘engaged in legal practice’
  • Commonwealth law prevails over State law to extent of inconsistency 
  • registered tax agents – a statutory ‘profession’.





Author profile

John is currently in his own tax practice in Melbourne, and is a Consultant to other firms including Freehills and lectures at Monash University as he negotiates the waiting lists that now apply to read at the Victorian Bar. John has practised in Tax Law for over 20 years having previously been a Partner at Phillips Fox, Blake Dawson Waldron and Freehills and may be remembered by some as a private sector representative on the Tax Law Improvement Project. His interest in Losses under the Consolidation regime came whilst preparing a manuscript for a book on this area. He has had articles published in the Institute's Tax Specialist journal and made educational videos and audio tapes on Losses.
Current at 27 November 2003
Click here to expand/collapse more articles by F. John MORGAN.


This was presented at 34th National Convention .

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