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Choosing your forum when taking on the Commissioner – What you need to consider presentation

Member Price: Free
Non Member Price: $15.00

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 15 Aug 19 by VICTORIAN DIVISION, THE TAX INSTITUTE

This presentation covers:

  • nature of an application to the AAT for “review” vs an “appeal” to the FCA
  • significance of “discretions”
  • how to identify a “discretion”
  • other considerations: procedure; evidence; costs; confidentiality; separate questions; hybrid proceedings.

Author profile

Eugene Wheelahan KC FTI
Eugene Wheelahan KC, FTI, practices principally in tax law. He has appeared for both taxpayers and the Commissioner of Taxation in leading cases in the High Court and Federal Court, including, most recently, the Minerva, Mylan, Ausnet and PepsiCo cases. Eugene has a Master of Tax from the University of Melbourne where he is a Senior Fellow of the Law Faculty, lecturing in the subject Tax Litigation. - Current at 04 June 2025
Click here to expand/collapse more articles by Eugene Wheelahan.

 

This was presented at Disputes & Litigation Masterclass .

Get a 20% discount when you buy all the items from this event.

Individual sessions

Choosing your forum when taking on the Commissioner – What you need to consider

Author(s):  Eugene Wheelahan

Materials from this session:

Large scale document production and the ATO's handling of LPP and accountant's concession claims

Author(s):  Jonathan Woodger,  Rebecca SAINT

Materials from this session:

Lessons to be learned for litigators from tax cases in the last 12 months

Author(s):  Paul SOKOLOWSKI,  Andrew Spierings

Materials from this session:

Further details about this event:

 

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