I am a Melbourne barrister practising in commercial disputes, tax and administrative law.
I have acted in a broad range of commercial litigation, including corporations and corporate insolvency disputes, bankruptcy and lender/borrower disputes. I act in professional indemnity claims against advisers, including solicitors and tax advisers.
I also practice in tax. I have appeared regularly in the Federal Court and the Commonwealth Administrative Appeals Tribunal in tax and superannuation matters. My tax practice includes superannuation, trusts and state taxes matters. I have settled objections and advised in respect of tax controversies at various stages. I am an associate member of the Tax Institute and a member of the committee of the Tax Bar Association.
I have extensive experience in the preparation and conduct of civil penalty prosecutions. I appeared (with Helen Symon SC and Peter Sest SC) in the first two proceedings to be brought by the Commissioner of Taxation against promoters and implementers of schemes alleged to have contravened Division 290 of Sch 1 to the Taxation Administration Act 1953 (which prohibits the promotion and implementation of schemes having certain tax outcomes).
My administrative law practice has included various judicial review and merits review proceedings in State and Commonwealth Tribunals. I have acted in tax practitioner registration review proceedings.
My pro bono practice has included advising and acting in judicial review proceedings for asylum seekers. I have advised and appeared for public authorities and individuals and for the Human Rights Law Centre in matters concerning Victoria’s Charter of Human Rights and Responsibilities Act 2006.
Some recent cases:
- Statewide Secured Investments Ltd v Cipcon & Ors  VCC 18 (mortgagee recovery proceeding ‑ defence of estoppel and merger) (with M Scott QC).
- Acted for large professional services firm in professional negligence claim relating to tax advice on corporate group restructure (Supreme Court of Victoria) (with M Moshinsky QC).
- Argus v FCT (Federal Court – superannuation – appeal from objection decision refusing tax exemption for current pension income) (with J Batrouney QC).
- Highlass Investments Pty Ltd v FCT (Federal Court – application of general anti-avoidance provisions to corporate group restructure) (with S Sharpley QC).
- Willner v Department of Economic Development, Jobs, Training and Resources  VCAT 669 (FOI – exemption for personal privacy – CCTV footage on trains – whether redaction reasonable).
- FCT v Barossa Vines Ltd  FCA 20 (civil penalty proceeding) (with H Symon QC).
- FCT v Ludekens  FCAFC 100 (civil penalty proceeding) (with DMJ Bennett QC and P Sest QC);  FCA 142 (with H Symon QC and P Sest).
Recent papers and presentations:
- Private groups update (2015 Tax Institute Victoria Forum).
- Developments at the intersection of trusts and tax (VicBar CPD Seminar, 2015).
- Professional indemnity claims against tax advisers (private presentation in house at two national law firms).
- Update on promoter penalty provisions (2014 Tax Institute Victoria Forum).