Tax

Tax Controversy & Litigation

A particular specialisation of our Australian tax practice

Our market-leading tax controversy and litigation practice advises on some of the most significant disputes in Australia, with proven experience across all Australian jurisdictions, including the High Court of Australia. You can rest assured that when it comes to resolving your revenue authority dispute, no other firm in Australia can compete with our track record or expertise.

It’s not just about the result, but also about making the journey there a good one. Our decades of experience in handling tax disputes, our deep tax technical expertise and our knowledge of current ATO practices will assist you in understanding not only the true legal position but identifying pragmatic and commercial options to resolve the dispute if at all before formal litigation commences.

Clients benefit from working with our dual-skilled specialist tax litigators and advisors, avoiding un-necessary cost-duplication from engaging separate litigation and tax teams. Our client teams are deliberately small and effective, and you will not be over-serviced.  We work seamlessly with and are recommended by Australia’s leading Queen’s Counsels and Senior Counsels.

Early resolution

We have well-established relationships with the ATO and its solicitors and other tax authorities across Australia. Our understanding of their approach provides opportunities for early resolution, as we undertake alternative dispute resolution methods and explore avenues for settlement.

For more complex disputes, we engage the best advocate specialists from the tax and commercial bar in Australia.

Multinational clients involved in related-party transactions benefit from our international reach and experience in the complex areas of transfer pricing and anti-avoidance and international dispute resolution processes such as MAP and binding arbitrations.

Recent tax controversy experience

  • Chevron Australia: acted for Chevron in Australia’s other “mega transfer pricing test case” for transfer pricing.
  • Crown Resorts Ltd: this was a test case on the application of section 25-90 and Part IVA concerning the deductibility of interest payable on funds borrowed to make foreign acquisitions.
  • Bupa UK and Australia/NZ: advised Bupa ANZ on the transfer pricing issues in relation to related party loans that were being audited by the ATO. The transfer pricing issues raised during the ATO audit were significant in the context of the judgement of the Full Federal Court in the land-breaking Chevron case (which we also ran).
  • Multinational clients: settling a number of multi-billion dollar transfer pricing disputes for multinational clients.

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