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Recent cases presentation

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Published on 26 Mar 14 by NATIONAL DIVISION, THE TAX INSTITUTE

This presentation covers:

  • date range of cases: 15 March 2013 (the last day of last year’s National convention) to 10 February 2014.
    • this range excludes Howard v FCT [2012] FCAFC 149, in respect of which the High Court will have just heard the appeal on one ground (the fiduciary issue concerning who is beneficially entitled to the award of damages).
  • statistical analysis of the win/loss ratio during that period, including by judge.
  • a summary of selected cases.

Author profile

Melanie Baker KC CTA
Melanie Baker KC, CTA, is a Barrister at the Victorian Bar who specialises in tax and administrative law. As a barrister, Melanie regularly advises, and appears on behalf of, taxpayers and the Commissioner of Taxation. In recent years, she appeared in the transfer pricing case Glencore and the anti-avoidance cases, BBlood Enterprises and Minerva. Melanie is also a Senior Fellow of the University of Melbourne where she co-lectures the post-graduate law subject, ‘Tax Litigation’. - Current at 09 August 2023
Click here to expand/collapse more articles by Melanie BAKER.

 

This was presented at 29th National Convention .

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Individual sessions

Ethical conflicts and the tax practitioner

Author(s):  Gino DAL PONT

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Tax and financial reporting

Author(s):  Jason de Boer

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Independent review and dispute resolution

Author(s):  Deborah HASTINGS

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Alternative dispute resolution and the Australian Taxation Office

Author(s):  Judy SULLIVAN

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Restructuring – Avoiding harm’s way

Author(s):  Andrew SINCLAIR

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Strategies in business succession planning

Author(s):  Matthew BURGESS,  Patrick Ellwood

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Structuring for the small business concessions: Getting it right from the start

Author(s):  Richard J FRIEND

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E-commerce, cloud and cross-border transactions

Author(s):  Spyros KOTSOPOULOS,  Manisha Singh

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Will your current approach to transfer pricing compliance meet the new legislative requirements?

Author(s):  Paul BALKUS

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Recent cases

Author(s):  Melanie BAKER

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Do you (not just your clients) need to appoint a guardian as well as an attorney?

Author(s):  Kate Hanslow

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Establishing residence in the global village

Author(s):  Mary Italiano,  Katya KROTOVA,  Tony UNDERHILL

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Division 7A structuring - The contortionist

Author(s):  Ron JORGENSEN

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Trusts – The state of play

Author(s):  Alexis KOKKINOS

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The penalty provisions and their administration: Living meaning or dead letter?

Author(s):  Paul SOKOLOWSKI

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Contractor/employee – Do we still care?

Author(s):  Rebecca Johnson,  Brent MURPHY

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CGT discount and non-residents

Author(s):  Gordon S COOPER

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Utilising flexible share rights

Author(s):  John Ioannou

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Director penalty notices - Extended liabilities for directors

Author(s):  Barry Hamilton

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Reducing de facto death duties on the payment of superannuation death benefits to adult children

Author(s):  Suzanne MACKENZIE

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Part IVA - How’s your postulate?

Author(s):  David W MARKS

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Borrowing arrangements and SMSFs

Author(s):  Paul BANISTER,  Amy Tickle

Materials from this session:

Tax risks in acquiring an entity from a tax consolidated group

Author(s):  Ian KELLOCK

Materials from this session:

Trusts and passing control – Trusts succession strategies

Author(s):  Adam LEVIN

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GST and property transactions

Author(s):  Bastian Gasser,  Shoba Kanniappan

Materials from this session:

Current issues with debt funding

Author(s):  David ANDERSON,  Tim SHERMAN

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Tax deductibility of interest

Author(s):  Simon STEWARD

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Commissioner's address

Author(s):  Chris JORDAN

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