Tax Advice

Drafting and Negotiation

Tax Litigation

We give independent expert taxation law advice in conference and in writing in all areas of taxation law.

We advise generally on all taxes and duties.  We can consider the tax effects of past and future transactions, and we pride ourselves on providing practical advice that is legally precise and commercially sound.

We often provide advice in respect of tax planning, as a second opinion and as independent counsel with a view to seeking to resolving a tax audit issue or tax dispute.

We can assist clients in determining optimal structures to achieve commercial, corporate and family objectives and advise on the taxation consequences of adopting such structures, including accessing available concessions and rebates.

Some of our members have deep experience in advising on mergers and acquisitions transactions and international structuring and often act as independent tax counsel during transactions.

We often assist with drafting tax aspects of key documents for a wide range of transactions.

These include sale and purchase agreements, hybrid loan documents, financial products, trust documentation and wills. Our expertise can be invaluable particularly in ensuring that transactions with no tax objective do not have disadvantageous and unintended tax consequences.

We also draft correspondence and submissions to be addressed to the ATO, the OSR and in some instance to third parties in respect of taxpayer-taxpayer tax disputes. 

We can draft applications for Private Binding Rulings and pre-determinations setting out the relevant facts and legal principles on behalf of clients to enable them to set out their position in the manner best suited to achieving a speedy and satisfactory resolution.

We appear in all types of tax litigation, both for and against revenue authorities, including the Australian Taxation Office and the State Revenue Office. We appear in the Administrative Appeals Tribunal, the Federal Court of Australia, the High Court of Australia, the State Administrative Tribunal and the Supreme Court of Western Australia. We also appear in other jurisdictions.

Our expertise can be invaluable in dealing with arguments in an increasingly complex area of law where tribunals and courts benefit greatly from advocates with specialist expertise. By ensuring that the facts, features and legal complexities of a case are fully and persuasively presented, we can help achieve a successful result.

As expert advocates in taxation law who bring a wealth of experience working with and against the ATO and OSR in highly contentious situations, where we are brought in prior to matters proceeding to litigation, we are often able to resolve seemingly unsolvable disputes before those disputes become court cases.