Profile

Full Name: Mr Andrew de Wijn
Email: andrew.dewijn@vicbar.com.au
Phone: +61 3 9225 6695
Fax: 9225 8480
Mobile: 0417 122 762
Chambers: Aickin Chambers
Room: 2202
Date of Admission: 26 Apr 2005
Called to the Bar: 3 May 2012
Qualifications: BSc, LLB (Hons), LLM
Previous Occupation: Solicitor, Greenwoods & Freehills

Profile

Andrew de Wijn specialises in federal and state tax matters. As well as appearing in courts and tribunals, Andrew provides technical tax advice to clients and assists in dealing with the ATO, particularly in relation to ruling requests and objections as well as settlement negotiations.

Recent areas in which Andrew has provided advice include consolidation issues, transfer pricing, thin capitalisation, debt forgiveness rules and capital management issues.

Before coming to the Bar, Andrew worked for 8 years as a solicitor with Greenwoods & Freehills specialising in income tax for large Australian and multinational businesses. Andrew’s work included providing advice, structuring transactions, reviewing and drafting transaction documents, applying for and negotiating rulings with the ATO, and litigation.

Andrew has presented in a number of forums, both in Australia and overseas, particularly on the anti-avoidance and tax consolidation rules.

Andrew has a Bachelor of Science, Bachelor of Laws (Honours) and Master of Laws all from the University of Melbourne. In 2008, he was awarded the Graham Hill Taxation Law Prize.

Andrew also teaches in the Masters programme at the Melbourne Law School and is a fellow of the Tax Institute.

Recent appearances

    • Ludekens v Federal Commissioner of Taxation [2014] HCATrans 86 - The first decision concerning the promoter penalty regime in the Taxation Administration Act. Previously appeared in the same matter in the Full Federal Court [2013] FCAFC 100 (led by Greg Davies QC) and in the Federal Court [2013] FCA 142.
    • Ultra Thoroughbred Racing v Federal Commissioner of Taxation [2013] FCA 1300 (led by Peter Hanks QC) - Case regarding the Commissioner's garnishee powers.
    • Azzure-Blacktown v CCSR [2013] NSWADT 207 (NSW ADT) - Whether trust was 'fixed' or 'special' for land tax purposes.
    • Boyd v Federal Commissioner of Taxation [2013] AATA 494 (AAT) - Taxation of employment termination payment where employment was partly overseas.
    • Driver Group v Commissioner of State Revenue [2013] VCAT 1151 (VCAT) (led by Michael Flynn) - Motor vehicle duty.

    Areas of Practice

    Appellate

    Equity & Trusts

    Public Law & Administrative Law

    • Judicial Review

    Tax Law & Revenue Law

    • Capital Gains Tax
    • Goods & Services Tax
    • Income Tax
    • International Tax Law & Revenue Law
    • Land Tax
    • Payroll Tax
    • Stamp Duty
    From 3 Feb 2012, liability limited by a scheme approved under Professional Standards Legislation.


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