John W Fickling

John W Fickling

Barrister - John Toohey Chambers, Western Australian Bar

Telephone: +61 8 6315 3356

Mobile: +61 449 982 464


Available for tax advice and tax advocacy


John Fickling is a barrister at the Western Australian Bar, specialising in taxation law and taxation law matters also involving contractual, corporations, constitutional and administrative law issues.  John appears in matters, provides taxation law advice, drafts correspondence and submissions and negotiates settlements for and against the revenue authorities.

John has practised in taxation law for 14 years, four of which were spent in London providing time-sensitive and commercially driven taxation advice to US and European global investment banks on cross-border acquisitions, financing, restructures and capital raisings.

At the Bar, working closely with instructing solicitors, accountants and clients, John's practice includes:

* Successful and final resolution of several >$15m tax disputes through (a) negotiation without court proceedings and (b) commencing proceedings, litigation and negotiation, achieving negotiated and final resolution for the taxpayers, preserving and defending taxpayer's asset status quo whilst dispute was continuing and thereby saving the taxpayers from the risk of bankruptcy by the ATO.

* Successful and final resolution of smaller tax disputes including interest remission disputes and tax residency disputes.

* Successfully and final resolution of tax disputes through commencing judicial review proceedings and advancing constitutional protection arguments.

* Seeking to preserve client taxpayers' constitutional guarantee to dispute amended assessments and where necessary, successfully obtaining stay of judgment orders.

* Appearance in constitutional disputes involving trade and taxation in the High Court of Australia and the Full Federal Court as lead counsel and as junior to Queen's Counsel. 

* Advice on the potential application of and taxpayer defence strategies for Part IVA including regularly working with Queen's Counsel.

* Drafting submissions and negotiating with the ATO in respect of the issue of rulings for complex financial products and corporate restructures.

John holds a Master of Laws with first class honours, in corporate and international taxation law, and is a recipient of the Advanced Taxation Law prize from the University of Melbourne Law School. John has lectured and tutored in taxation law at the University of Melbourne and University of Western Australia and has presented at seminars on cross-border tax structuring in Australia, London and NY.

John accepts briefs from law firms, accountants, corporations, individuals and government.  Where a matter calls for the filing of proceedings before a court, a firm of solicitors will need to be retained.

Recent decisions and publications (see larger list on Linkedin)

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