CGT - 31 Years On - New Panel Session at the 24th Noosa Tax Intensive

Day one of this year's Noosa Tax Intensive was due to kick off with a plenary session from Justice Tony Pagone, a leading Federal Court judge specialising in taxation matters, speaking on recent Australian federal taxation decisions and their implications for taxpayers and their advisers.

Justice Pagone unfortunately is now unable to speak at this year's Intensive. Nevertheless, the Institute is excited to announce we have secured a number of leading tax specialists to debate on whether - after 31 years - CGT has lost its way.

Our expert panel will consider whether: 

  • Australia's CGT rules, and the way they are administered, are keeping pace with the rapid changes in the modern business environment in 2016 
  • the ATO has responded adequately to, and actively engaged with, SMEs in relation to CGT issues; and 
  • "looking through the lens" of recent cases, the interpretation of CGT rules has adapted since their inception and where is this heading in the future?
The agenda will include the CGT treatment of restrictive covenant payments (Hepples), lease incentives (Cooling, Montgomery), less than arm's length dealings (AW Furse, Collins), damages and compensation payments (Sydney Refractive Clinic), trust settlements (Oswal, Taras Nominees), and the old "chestnut", the date of acquisition and disposal of an asset (Sara Lee).

Our panel consists of:

Professor Gordon Cooper, CTA Life


Professor Cooper is a Chartered Accountant in sole practice at Cooper & Co. He is an Adjunct Professor in the School of Taxation and Business Law (incorporating the Australian School of Taxation) at the University of New South Wales. In June 2003, he was awarded an AM in the Queen’s birthday honours for “Services to the tax profession and to the community as an adviser on national taxation and legislative reform, and through education and professional organisations”. Together with Chris Evans and Kirk Wilson, he is an author of the Australian CGT Handbook, now in its seventh edition.

Mark Robertson, CTA, QC


Mark is a Queen’s Counsel with chambers in Brisbane and Sydney. He has appeared in many anti-avoidance cases Australia-wide for taxpayers and for the Commissioner.

Brian Richards, CTA


Brian Richards, CTA, is a senior taxation practitioner who has spent considerable time advising SME legal and accounting practitioners on a broad range of taxation matters, particularly CGT, entity structuring, intellectual property transactions, business succession and estate planning. Brian consults extensively to accounting and legal practices and has extensive experience in presenting papers at Institute events.


Join us in Noosa in November for what is sure to be a spirited panel debate. Other highlights from this year's event include:
  • Paul Hockridge, CTA and David Marschke, CTA on private company capital management
  • Simon Steward, QC, FTI, together with ATO Chief Tax Counsel Kirsten Fish, CTA, on Part IVA and SME restructures
  • Perennial favourite Fiona Dillon, CTA on Div 7A and ATO hotspots
  • And - of course - the cosmopolitan, yet tranquil, lifestyle that only Hastings St, Noosa offers.
The 24th Noosa Tax Intensive takes place 10-11 November 2016  at the Sofitel Noosa Pacific Resort. View the full program here.

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