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The Commissioner’s cold hands – freezing orders in tax matters
Published on 01 Feb 16 by "THE TAX SPECIALIST" JOURNAL ARTICLE
A freezing order to prevent the disposal of assets or their removal from the jurisdiction has been colourfully described by Biscoe in Freezing and search orders as one of “the law’s two nuclear weapons”. Obtaining a freezing order against a taxpayer or third party can be very effective for the Commissioner of Taxation in seeking to recover alleged tax debts. With the challenges of globally mobile capital and the ability of taxpayers to structure their affairs such that it is difficult for a revenue authority to detect transactions and to collect any resulting tax, the use of freezing orders by the Commissioner in the early stages of tax litigation has increased in recent years.
This article examines the current Australian law on freezing orders, and the Commissioner’s practice, in the light of recent court decisions.
Author profile
Kenneth Lord CTA
Ken specialises in Australian taxation law. A renowned expert in his field, he was listed as a leading junior counsel in Doyle’s Guide to tax barristers in NSW in 2017 and listed for his expertise in corporate tax in Who’s Who Legal: Australia 2017. Prior to being called to the Bar, Ken was a Partner at Mallesons Stephen Jacques (now King & Wood Mallesons) in the Tax Group. - Current at 05 June 2019
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