Tax Litigation

The book provides a guide to tax disputes in Australia. It explains the process of tax objections and appeals, and the limitations to collateral challenges. Separate chapters consider the rules applicable to tax disputes brought in the Federal Court and in the Administrative Appeals Tribunal, and ancillary issues of discovery and access to information. The book aims also to provide helpful assistance to the practitioner and to students in the preparation of submissions, persuasive advocacy and the provision to courts and tribunals of useful expert evidence in support of disputed positions.

This book covering 30 countries around the globe provides a starting point of practical reference with ready access to the fundamentals of tax litigation in a multi-jurisdictional comparative format. Each chapter covers the following subjects within a specific nation: significant subjects of tax litigation, the legislative framework for both civil tax litigation and criminal tax litigation, tax evasion and other criminal tax offences, pre-court processes, resolving disputes before commencing court proceedings, the elements of the offence in criminal law, early resolution, the trial process, the role of the judge/arbitrator/tribunal members, the commencement of proceedings for both civil law and criminal law, the government response, the burden of proof, documentary evidence, special rules/considerations, disclosure in criminal proceedings, witness evidence, witness preparation, expert evidence, closing the case in civil and criminal trials, the decision in civil and criminal cases, costs, appeals, recent civil law developments and proposals for reform and recent criminal law developments and proposals for reform.