Federal Tax Litigation: Current Developments: 3 December 2015

Highlighting the seminar is the Hon Justice Pagone's talk on the National Court Framework and Case Management for Tax Cases.

Esteemed speakers will be covering current topics including statutory interpretation in tax cases, the ATO’s approach to debt management, the impact of international information and international law in tax cases and the ATO’s latest practices seeking to resolve tax disputes before they reach the Courts.

This half day seminar is hosted by The University of Western Australia and the Tax Bar WA. Many aspects of tax disputes including tax appeals against adverse tax objection decisions and tax debt disputes will be discussed.

Programme: Thursday 3 December 2015 at The Law School, University of Western Australia



8:45am – 9:30am

The National Court Framework and Case Management for Tax Cases

The Hon. Justice Pagone, Federal Court of Australia


9:30am – 10:00am

Statutory interpretation in tax cases and its role in the ‘structural break’ tax residency cases – Dempsey, Agius and The Engineering Manager

John W Fickling, Western Australian Bar

10:00am – 10:45am

The Commissioner's Approach to Debt Recovery

Aris Zafiriou, Director, Significant Debt Management, ATO, Melbourne


10:45am – 11:00am

Morning tea


11:00am – 11:30am

The ATO’s access to and use of offshore information

Terry Murphy QC, Western Australian Bar and Victorian Bar


11:30am – 12:00pm

ATO RDR Early Dispute Resolution

Fiona Beckett-Cooper, A/g Principal Lawyer, Review and Dispute Resolution, ATO, Perth


12:00pm – 12:45pm

Experiences in conducting tax litigation: adducing evidence, meeting client expectations, litigation pressures and briefing counsel

Panel: Heidi Armin-Grimm (Senior Manager, Deloitte Lawyers)Andrew Howell (Associate, PwC)Tony Chong (Partner, Lavan Legal) and Richard Norton (Partner, Norton & Smailes). Moderator: Jonathon Leek, Western Australian Bar. 

12:45pm – 1:15pm



1:15pm – 1:45pm

Expert evidence in tax cases

Michael Clough, Partner and Jason Barnes, Special Counsel, King & Wood Mallesons, Melbourne

1:45pm – 2:15pm

Staying an Application for Review: Taxpayers and Criminal Proceedings

Rebecca Lee, Western Australian Bar

2:15pm – 2:45pm

Dealing with Chinese Tax Law in an Australian Tax Dispute: Issues of Statutory Interpretation and Translation

Winthrop Professor Nolan Sharkey, University of Western Australia and Western Australian Bar




Contact and Registration

Seminar fee: $240.00 (includes morning tea and lunch)
Date: Thursday, 3 December. 8.30am-2.45pm.
Venue: G.06, Moot Court, The University of Western Australia
CPD: 1 point – Professionals Skills; 3.5 points – Substantive Law

Online registration and payment

University of Western Australia
Faculty of Law

UWA Programme Site and UWA Law School Executive Education contact details:

Slides and Papers

Available here.

Map and Location

Enter the seminar at G.06 Moot Court (click for high resolution):