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Correcting mistakes – Rectification and ratification presentation

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Published on 08 Sep 16 by NATIONAL DIVISION, THE TAX INSTITUTE

This presentation covers:

  • sometimes accidents happen
  • sometimes a clause is omitted, not drafted appropriately, is questionable as to whether it is GST inclusive or exclusive or the gross up clause is sufficient
  • thoughts turn to - what to do ? how to remedy?
  • rectification (by deed or court order), retrospective amendment, ratification, implied term of contract
  • the elements, availability of the remedies and distinctions
  • case studies.

Author profiles

Alex Affleck
Alex joined the ATO in 1997. In 2016, Alex was appointed as an Assistant Commissioner in the Tax Counsel Network (TCN) focussing on superannuation. Prior to that, he was a Tax Counsel in TCN specialising in indirect taxes. He has been involved in the development of public rulings, litigation, as well as providing input into taxation law design. - Current at 16 September 2021
David Marks KC CTA
David Marks KC, CTA is a commercial Silk at the Queensland Bar practising principally in tax. He has a broader practice in commercial litigation, trusts and estates, and administrative law. He contributes to the life of the profession through his committee work for The Tax Institute and other professional bodies. He is a Chartered Tax Adviser and a registered Trust and Estates Practitioner. He received The Tax Institute’s Meritorious Service Award in 2013, and is on TTI’s Editorial Board. David also serves on the disciplinary panel of an international practitioner association. - Current at 10 July 2023
Click here to expand/collapse more articles by David W MARKS.
Michael Patane CTA
Michael Patane, CTA is an Executive Director with Bourke Legal. He practices in tax, corporate law, commercial law and trusts law with an emphasis on commercial transactions, technical interpretation, tax administration and controversy. Michael has a unique blend of experience in both national legal and accounting firms and at the ATO. While with the ATO Michael held a number of senior positions in tax interpretation, compliance and litigation including Indirect Taxes, Project Wickenby and Private Groups and High Wealth Individuals. These roles included Deputy Chief Tax Counsel (Indirect Taxes), Senior Tax Counsel Strategic Litigation and Leader for the establishment and operation of the High Wealth Individuals compliance program. - Current at 16 June 2017
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This was presented at 2016 National GST Intensive .

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

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Correcting mistakes – Rectification and ratification

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