Tax disputes and litigation
Acting for taxpayers and advisers across Australia
Tax litigation and appeals.
Experience that puts you in control of your case.
Received an objection decision you disagree with? An application to the Administrative Review Tribunal or an appeal to the Federal Court must generally be made within 60 days. We advise you on the right forum for your case, prepare it and act for you through to its conclusion, including any further appeal.
Where your matter stands
Select your situation below.
Objection decision received
A case built and conducted with rigour.
We interrogate the objection decision and the Commissioner’s reasons, build the evidence your case needs and conduct the proceedings, engaging counsel where the case requires it. At every stage, you will know your options and what to expect next.
Assistance may include
- Interrogate the objection decision and the Commissioner’s reasons.
- Compile robust documentary and witness evidence.
- Prepare and file your case in the forum best placed to achieve the outcome you want.
- Conduct the proceedings, engaging counsel where required.
- Advise you on your options at every stage.
- Make sure the Commissioner gives effect to the final decision, including amending assessments.
Already in proceedings
Your case, strengthened from where it stands.
Where proceedings are already underway, we closely examine the case as it stands, including the grounds, the evidence and the procedural position, close any gaps and act for you from that point, engaging counsel where the case requires it. At every stage, you will know your options and what to expect next.
Assistance may include
- Closely examine the application, grounds and evidence filed.
- Assess whether the grounds give your case the best prospect of success.
- Strengthen the evidence and settle the case strategy.
- Engage experienced counsel where the case requires it and work closely with them through to hearing.
- Make sure you know your options and what to expect at each stage of the proceedings.
- Make sure the Commissioner gives effect to the final decision, including amending assessments.
Tribunal or Court decision received
Your appeal options, assessed.
An appeal from the Tribunal to the Federal Court is limited to a question of law. Further appeals to the Full Federal Court and the High Court have their own requirements and short time limits. We closely examine the decision and its reasons and advise you on whether an appeal is available and worth pursuing.
Assistance may include
- Closely examine the decision and its reasons.
- Identify any question of law or other ground of appeal.
- Advise on your appeal rights, time limits and prospects of success.
- Act for you on any appeal, engaging counsel where required.
- Make sure the Commissioner gives effect to the final decision, including amending assessments.
The full scope of our litigation work
Every stage of your case, conducted with rigour.
Our approach
The case is built well before the hearing.
Tax litigation rewards preparation. We interrogate the decision and the Commissioner’s case, settle the strategy with you and build robust evidence long before the hearing, so your case is put forward at its strongest.
You carry the burden of proof, and you are generally limited to the grounds in your objection. We test the evidence and the grounds early, so the case that reaches the hearing is the one you need to make.
We are experienced in tax litigation, including conducting proceedings in the Tribunal and the courts. We work with you and your accountant from the first conversation to the final decision.
About the firm
A practice dedicated to tax disputes.
Wolfe Kershaw Law is a national tax disputes and litigation practice based in Brisbane. We act for individuals, businesses, private groups and their advisers in disputes with the ATO, from the first request for information through to appeals in the Tribunal and Federal Courts.
We bring an in-depth understanding of how the ATO approaches a dispute at every stage, and experience in matters of every scale, from individuals and family groups to large business and multinationals. That experience shapes how we set strategy, test the ATO’s position and prepare each case.
In litigation, that means a case built with rigour and conducted through to the final outcome.
Before you book
Questions about tribunal and court litigation.
How long do I have to act?
An application to the Tribunal or an appeal to the Federal Court must generally be made within 60 days of being served with the objection decision. The Tribunal can extend that time, but the Federal Court cannot. Appeals from a Tribunal or Court decision have shorter time limits, generally 28 days.
Can I raise new arguments?
You are generally limited to the grounds in your objection, although the Tribunal or the Court may allow you to amend them. The ATO, however, can defend the assessment on a different basis from the one it originally relied on.
Can you take over an existing proceeding?
Yes. We review the proceeding as it stands, including the grounds, the evidence and the next procedural steps, and can act for you from that point.
What should I have ready for the initial call?
Please have the objection decision and its reasons, your objection and the assessment. If proceedings have started, please also have the documents filed so far.
Work together
Discuss your tax litigation matter.
Booking a call does not create a solicitor and client relationship. Each booking is reviewed before the call, and we may contact you to reschedule or redirect it if the matter falls outside the practice or raises a conflict.
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