This session was recorded on 24 February 2023 as part of the NSW revenue law: One day intensive – live webinar. This course will comprise six sessions. Click here to view the full program
Topics covered: New South Wales Revenue Law: the Big Picture – Commissioner Cullen Smythe, Commissioner of State Revenue, Revenue NSW Commissioner Smythe will give the keynote presentation, considering: - the NSW State tax ecosystem in context – how do the pieces fit together?
- specific taxes and tax policy from the perspective of “why”?; and
- the 2022 changes to the Taxation Administration Act 1996 (NSW) and Duties Act 1997 (NSW), using examples to address the policy underpinnings and practical consequences of the amendments.
Ethical scenarios in litigation – Paul Monaghan, Senior Ethics Solicitor, Professional Support Unit, The Law Society of NSW In this session Paul will walk you through ethical considerations relating to your duties and obligations in the following areas: - the regulatory environment;
- dealing with the client;
- dealing with the Court;
- dealing with solicitors; and
- dealing with other parties.
Beware to declare: NSW duty traps on Acknowledgement of Trust – Lisa To, Partner, Bartier Perry Lawyers This session will cover: - Revenue Ruling DUT031 v2 “Declaration of Trust in Agreement For Sale” effective as of 19 May 2022 (published on Revenue NSW’s website in January 2023);
- background to the legislative change under section 8AA introduced into the Duties Act 1997 (NSW) including imposition of duty on an acknowledgement of trust; and
- traps and practical implications of duties legislation for declaration or trust and acknowledgement of trust, the decision in Chief Commissioner of State Revenue v Benidorm Pty Ltd [2020] NSWCA 285 and additional care to be taken by advisers.
Surcharge purchaser duty and land tax – Andrew Rider, Barrister, Level 22 Chambers This session will provide a structured framework for understanding surcharge purchaser duty, land tax compliance obligations and responding to compliance queries, including: - getting due diligence right from the start;
- key traps to watch out for; and
- what to do if your clients receive a foreign surcharge Notice of Investigation.
Costs assessment – Joe Rose, Principal solicitor, Rose Legal Costing This session will focus on: - the essential rules and principles that legal practitioners should know in respect of costs;
- typical pitfalls in preparing costs;
- costs disclosure;
- basic costs principles;
- best practice in time recording;
- methods to determine the gap between what your client has paid and what you can recover from the other side; and
- recent costs determinations.
Statutory interpretation for revenue lawyers – Igor Mescher, Barrister and Lecturer, University of New England This session will cover: - principles of statutory interpretation;
- a general approach to interpretation of taxing provisions; and
- court interpretation of:
- contestability and arbitrariness of taxes;
- retrospectivity and taxation legislation;
- tax avoidance schemes; and
- exemption, exception, objection and review provisions.
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