Thousands of tax disputes arise each year in Australia. This unit aims to equip students with the skills to assist in resolving those disputes, both when a proceeding is before a court or tribunal and at the pre-litigation stage. The unit covers the information gathering processes available to the Commissioner of Taxation and taxpayers, the assessment and objection process, review by the Administrative Appeals Tribunal of objection decisions, appeals to the Federal Court, non-Part IVC disputes (including tax debt recovery, promotor penalties, judicial review proceedings, and Constitutional challenges), interlocutory disputes, appeals to the Full Court of the Federal Court, High Court appeals, and State tax litigation in the NSW Supreme Court and NSW Civil and Administrative Tribunal. The general topics of legal professional privilege, the rules of evidence, preparing expert evidence and the difference between questions of law and questions of fact are explored as they relate to tax litigation. A guest lecture is usually given by a judge of the Federal Court of Australia and/or a member of the Administrative Appeals Tribunal and there is a skills lecture on written advocacy in tax disputes.
Unit details and rules
Academic unit | Law |
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Credit points | 6 |
Prerequisites
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None |
Corequisites
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None |
Prohibitions
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None |
Assumed knowledge
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It is assumed that students undertaking this unit have an understanding of Australian income taxation law commensurate with that which would be obtained from completing undergraduate study in Australian taxation law or five years working with Australian tax law in a law or accounting practice in an industry role or in the Australian Taxation Office For students who do not have such knowledge or work experience they first should undertake LAWS6825 Introduction to Australian Business Tax before enrolling in this unit |
Available to study abroad and exchange students | No |
Teaching staff
Coordinator | Michael Dirkis, michael.dirkis@sydney.edu.au |
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