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There has been considerable focus in 2019 on legal professional privilege (“LPP”) in the tax world culminating in the recent High Court decision of Glencore International v Commissioner of Taxation on 14 August 2019. This decision confirms that LPP won’t stop leaked or hacked documents being used by the ATO in assessing tax liability but the underlying principles of LPP are still solid.
This webinar will explore with the Counsel who were involved with this leading case the following topics:
• when LPP does apply, how can it be lost?
• what remedies exist, if any, for a taxpayer whose privileged documents have been leaked or hacked?
• what are the current ATO views in relation to LPP?
• what are the ATO’s obligations to assess tax when it is in receipt of documents it knows could be privileged?
• what are the tips and traps for managing LPP and claiming LPP?”.
Tamara Phillips, Counsel for Glencore
Tamara is briefed in a wide range of commercial and public law matters, with a focus on revenue law, local government/environmental law and judicial review. She regularly acts for and against major corporations, Commonwealth and State agencies and regulatory bodies. She has appeared in the High Court, Federal Court, NSW Court of Appeal, NSW Supreme Court and in tribunals and inquiries. In addition to advocacy work, Tamara’s practice involves opinion and advisory work for both private and government clients.
Michael O’Meara, Counsel for Commissioner of Taxation
Michael was called to the Bar in 2005. Prior to coming to the Bar he was a Senior Associate at Minter Ellison. Michael graduated from the Australian National University as a Bachelor of Arts and a Bachelor of Laws (Hons) in 2000, winning the University Medal in Law and the Supreme Court Judges’ prize. He also has a Master of Laws and a Master of Taxation from the University of Sydney. Michael practises in all areas of commercial law and public law and regularly appears in the Federal Court of Australia, the Supreme Court of New South Wales and the High Court of Australia.
Chris Kinsella, Partner Minter Ellison
Chris has been a tax specialist for more than 30 years, helping large businesses and high-wealth individuals manage their tax obligations and risks. This ranges from general tax advice, ATO reviews and audits through to litigation. Chris has also represented the ATO in tax appeals before the Federal Court of Australia and the Administrative Appeals Tribunal. He maintains a strong working relationship with the Australian Taxation Commissioner and the Commissioner’s team — whether acting for or against them in proceedings. This gives Chris a unique perspective on managing client relationships with the ATO, and formulating strategies to achieve the best outcome at the earliest opportunity.
You will be provided with:
• Any Supporting documentation
• Webinar Recording to view multiple times for up to 6 months (regardless of whether you attend the session)
• An opportunity to ask questions to the presenter
02 September 2019