OverviewHall & Wilcox have one of the largest tax practices in Melbourne as well as a significant litigation practice. Combined, they offer clients advice which is proactive, timely and commercial on all aspects of tax and tax litigation.
Our Commercial Dispute Resolution team, working closely with the Tax group, have advised clients on a variety of tax litigation cases, including:
- sales tax and GST classification and interpretation cases in the Supreme Court of Victoria and the Federal Court of Australia;
- superannuation litigation in the Federal Court and High Court;
- pay-roll tax cases in the Victorian & Civil Administrative Tribunal, the Supreme Court of Victoria and the Victorian Court of Appeal;
- directors’ penalty notices in various Courts;
- Land Tax & Stamp Duty reviews and litigation;
- ATO investigations and responses to search warrant executions;
- Administrative Appeals Tribunal hearings; and
- lodging objections in respect of a wide range of State and Federal taxes
ExperienceRecent tax litigation disputes in which our team have acted include:
- advising on trust and tax law issues relevant to the majority of trusts in Australia, the High Court, Federal Court and AAT;
- advising in relation to the taxation of demergers and the interaction of United States GAAP on Australian tax. The case was held in the Full Federal Court and AAT and is currently being appealed to the High Court;
- advising on tax consolidation issues in the Federal Court;
- advising in relation to taxation of entities in dual capacities in the AAT;
- advising in relation to the issuing of nil income tax assessments in the High Court;
- acting in the Supreme and Federal Courts on sales tax or GST classification of numerous products, including plumbing supplies, emergency exit lighting, computer cabling, and brand name cordials;
- acting for a large retail organisation in the proceedings in the Victorian & Civil Administrative Tribunal, the Supreme Court of Victoria and the Victorian Court of Appeal as to whether payroll tax applied pursuant to the “grouping “ provisions of the Pay-roll Tax Act;
- advising on the liability of directors in respect of Director’s Penalty Notices for Company PAYG tax in the Supreme Court;
- acting on behalf of a major international company concerning liability for payroll tax in respect of ‘on-hired’ workers in the Supreme Court and Court of Appeal; and
- acting for high-profile persons the subject of “dawn raids” by officers of the Australian Taxation Office and the Federal Police
PeopleSally Scott
| Partner | | Commercial Dispute Resolution Competition & Consumer Law Environment & Sustainability Franchising Disputes Taxation Litigation Energy & Resources Franchising, Retail & Distribution
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Direct: +61 3 9603 3557 | sally.scott@hallandwilcox.com.au
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