Andrew de Wijn


Barrister

Admitted:
26 Apr 2005
Bar:
3 May 2012
Location:
Room 2202, Aickin Chambers,
200 Queen Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
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.
    Liability limited by a scheme approved under Professional Standards legislation. The information referred to above has been supplied by the barrister concerned. Neither Victorian Bar Inc nor the barrister's clerk have independently verified the accuracy or completeness of the information and neither accepts any responsibility in that regard.
    AREAS OF PRACTICE
    Appellate
    Equity & Trusts
    Public Law & Administrative Law
    Tax Law & Revenue Law

    Profile1

    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.