Tax Disputes and Litigation

Tax Disputes and Litigation

Our taxation lawyers are experienced in managing tax audits and related settlement negotiations with the Australian Taxation Office (ATO) and State revenue authorities relating to all taxes - income tax, capital gains tax, goods and services tax, fringe benefits tax, duties and payroll tax.

Involving lawyers at an early stage in any reviews conducted by revenue authorities ensures that the focus is on key issues, that information requests are appropriate and to manage the review (or audit) process generally so that the review is conducted in an efficient manner, with minimal costs to the taxpayer. 

In addition to managing the review process our lawyers can objectively analyse an application of the law to a specific set of circumstances to assist in voluntarily disclosing any tax shortfalls and make submissions having regard to the often complex legislative provisions regarding the imposition of interest and penalties (and associated remission) to ensure that taxpayers are not unduly penalised.

Where settlement negotiations fail or are not appropriate our taxation group has acted - and is currently acting - for clients in tax cases before the Administrative Appeals Tribunal (AAT) and the Full Federal Court.

Combining a complete technical understanding of the issues in dispute with an understanding of effective audit management and negotiation processes, we strive to achieve the most commercially favourable outcomes - while preserving all rights in the event of litigation being necessary.

We assist with drafting objections and appeals.  We also advise on appropriate use of freedom of information requests and dispute resolution options, as well as providing advice as to determining which forum (a court or tribunal) is appropriate for particular matters a taxpayer may have.

From our experience in litigating, we can advise at an early stage on critical matters to be addressed and preserved in respect of technical and factual matters.