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Interpreting and applying the tax regime in public - a legal perspective paper

Published on 17 Feb 06 by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA

This paper explores interpretation of legislation in practice including:

  • unclear definitions
  • inappropriate outcomes
  • application of Part IVA where transactions are modified to fall within specific provisions
  • Interpretation (general and Part IVA), self assessing discretions, promoter legislation, role of policy, explanatory materials

Author profile

The Hon. Justice Jennifer Davies
The Hon Jennifer Davies SC is a retired judge of the Federal Court of Australia and during her time on the bench was the national coordinating judge of the Taxation National Practice Area. Prior to her appointment to the Federal Court she was a judge of the Supreme Court of Victoria, sitting in the Commercial Court division and before then, a member of the Bar from May 1983. She took silk in 2004. She is on the board of the International Association of Tax Judges. She is also an Honorary Principal Fellow at the University of Melbourne lecturing in postgraduate courses and on the Melbourne University Tax Advisory board and a member of the Australian Academy of Law, the International Academy of Estate and Trust Law and the International Fiscal Association, and a Fellow of the Taxation Institute of Australia. She has resumed practice at the Victorian Bar in advice work, early neutral evaluations, arbitrations, and mediations. - Current at 14 May 2025
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This was presented at 2006 Financial Services Taxation Conference: From every angle .

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Individual sessions

Interpreting and applying the tax regime in practice - a legal perspective

Author(s):  Jennifer DAVIES

Materials from this session:

Interpreting and applying the tax regime in practice - an ATO perspective

Author(s):  Ashley KING,  George HITTI

Materials from this session:
















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