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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 07 Feb 08 by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA

This paper covers the:

  • risks and issues in conducting tax litigation: Do complex facts (as in many financial services industry transactions) create a barrier for analysis by a court?
  • differences between litigating in the Federal Court as compared to the High Court
  • approach to statutory interpretation in tax matters and the role of the explanatory memorandum
  • limit to a purposive approach to interpretation having regard to the Acts Interpretation Act and case law.

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 Financial Services Conference .

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Individual sessions

The litigation lottery

Author(s):  David BLOOM

Materials from this session:

Part IVA - current issues

Author(s):  Peter WALMSLEY

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Debt/Equity - hot issues

Author(s):  John SMITH

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TOFA - scope issues - what’s in, what’s not and core interactions

Author(s):  Sarah BERNHARDT

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Division 250 - issues and case studies

Author(s):  Teresa DYSON

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Overseas developments in tax risk management

Author(s):  Tony FULTON

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Tax risk management - the view from the boardroom

Author(s):  Richard WARBURTON

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TOFA - hedging: have we finally got there?

Author(s):  Tony FROST

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Implementing TOFA for banks

Author(s):  Liz TROMANS,  Jeff SHAW

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TOFA wealth management and life insurance implications

Author(s):  Jeremy HIRSCHHORN

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Super update

Author(s):  Graeme COLLEY

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Taxation of deferred purchase agreements

Author(s):  Jonathan HARREX

Materials from this session:

General leasing update

Author(s):  Jenny CLARKE

Materials from this session:

The authorised OECD approach… or is it?

Author(s):  David GRECIAN

Materials from this session:

International tax update

Author(s):  Alf CAPITO

Materials from this session:

Further details about this event:

 

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