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The litigation lottery paper

Member Price: $57.00
Non Member Price: $75.00

DisclaimerThis material is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 09 Oct 08

This paper considers the role of an appellate court and the modern approach to the construction of litigation. Topics covered include:

  • is tax litigation a lottery?
  • tax cases - complexity of tax legislation as well as other areas of law
  • the roles and processes of the Federal Court and High Court
  • precedent and the Tax Commissioner
  • interpreting a Tax Act - Literal vs Purposive interpretation
  • what the Courts should not do.

Author profile

David Bloom QC
David Bloom QC, is a Barrister at New and Aickin Chambers. He was admitted as a Solicitor of the Supreme Court of New South Wales in March 1972, was called to the New South Wales Bar in August 1975 and became one of Her Majesty's Counsel in 1987. David is a member of the Victorian Bar, New York State Bar and the Bar of England and Wales. Over a career that spans more than 40 years, David has appeared in some of the most important landmark cases in taxation law, as well as public law generally. David practices in all superior court jurisdictions and maintains chambers in both Sydney and Melbourne. - Current at 24 September 2019
Click here to expand/collapse more articles by David BLOOM.

 

This was presented at 2008 Victorian State Convention .

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Individual sessions

The litigation lottery

Author(s):  David BLOOM

Materials from this session:

Mergers, acquisitions and restructures

Author(s):  Toby EGGLESTON

Materials from this session:

Modern day trust structures

Author(s):  Daniel SMEDLEY

Materials from this session:

Partnerships of trusts vs unit trusts

Author(s):  Jeffrey CHANG

Materials from this session:

Trust me - I don’t own anything!

Author(s):  Michael LHUEDE

Materials from this session:

Taxation of managed investment funds – Where to?

Author(s):  Adrian O'SHANNESSY

Materials from this session:

Latest tax updates

Author(s):  Michael CLOUGH,  Jerome TSE

Materials from this session:

Outbound structuring for SMEs

Author(s):  Denise HONEY

Materials from this session:

Permanent establishments in the 21st century

Author(s):  Anthony KLEIN,  Rob BENTLEY

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Tax issues for foreign institutional investors

Author(s):  Duncan R C BAXTER

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Fixed trusts fixed entitlements

Author(s):  Andrew O'BRYAN

Materials from this session:

Goods and services tax–Practical issues

Author(s):  Ken FEHILY,  Terry MURPHY

Materials from this session:

Contributing to and cashing from superannuation–Complexities and opportunities

Author(s):  Vesna PAVLOVIC

Materials from this session:

Stealing the gold – Project Wickenby

Author(s):  Jennifer BATROUNEY

Materials from this session:

Fixed trust/Fixed entitlement

Author(s):  Andrew O'BRYAN

Materials from this session:

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