Dundas Lawyers® advises its clients on business transactions, restructuring and tax effective commercial business structures. We often have to consider both Commonwealth and State based tax issues when advising on any sort of structuring or restructuring of businesses of various types.
Dundas Lawyers® does not act for individuals that have disputes with the ATO regarding individual income tax assessments.
Current tax law topics of interest
Electric cars (EV’s) and the exception to Fringe Benefits Tax – by the ATO
Disclaimer
This page contains general commentary only about copyright infringement. You should not rely on the commentary as legal advice. Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.
Why choose Dundas Lawyers®?
Having exerted Blood Sweat and Years® since April 2010 we are the team you want on your side for the long term to act as the ‘bodyguard’ for your business to complete legal forensic investigations and case preparation. Some of the reasons clients choose Dundas Lawyers® include:
- our Uncommon business acumen;
- our Uncommon expertise in transactional, compliance and litigious matters;
- our Uncommon expertise forensic case preparation;
- our Uncommon customer focus;
- the fact that we don’t just know law, we know business!
- how we leverage our Uncommon Nous® to provide client centric solutions.
Considering getting a lawyer to advise your business?
For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in tax law please phone our team on either 1300 386 529 or 07 3221 0013

Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au

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Legislation
Commonwealth legislation
- Income Tax Assessment Act 1936 (Cth)
- Income Tax Assessment Act 1997 (Cth)
- A New Tax System (Goods and Services Tax) Act 1999 (Cth)
- ATO Interpretative Decisions
State legislation
Recent insights about tax law
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What is an unrealised capital gain?
An unrealised capital gain refers to an increase in the value of an asset that has not yet been sold or disposed of. In Australia, capital gains are taxed on assets which have increased in value when they are sold and the gain is realised, however the proposed Treasury Laws Amendment (Better Targeted Superannuation Concessions)…
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What are retained earnings?
Retained Earnings are a financial metric that offers a valuable insight into a company’s financial health, extended stability and potential for future growth. They represent the profit a company has retained overtime after accounting for all liabilities including the payment (if any) of dividends.
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High Court asset protection 101 – house in name of spouse
The decision of the High Court of Australia in Bosanac v Commissioner of Taxation [2022] HCA 34 (Bosanac) reaffirms the viability of protecting real property assets by registering them in the name of a spouse.
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Digital Games Tax Offset proposed by Albanese
The Albanese Labor Government has proposed a Digital Games Tax Offset (DGTO) of 30%, encouraging the growth of the digital games industry in Australia. Learn more about the DGTO and how it will create more jobs and international competitiveness.
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R&D Tax Incentive determination on clinical trials
Find out if you are eligible for the Australian Government’s RandD Tax Incentive: companies with an aggregated turnover of
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Present entitlement and trusts – what does it mean?
Explore the High Court’s interpretation of “present entitlement” under the Income Tax Assessment Act 1936 (Cth). Learn when a person has a vested interest in trust assets and how the trustee’s discretion affects the beneficiary’s entitlement.
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Software royalties and income tax
Discover how the Australian Taxation Office (ATO)’s draft Taxation Ruling 2021/D4 could affect your business. Learn more about the expanded scope of what is considered a royalty for income tax purposes and the potential tax implications.
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What is my superannuation taxed at?
This article summarises the Australian Privacy Principles (APPs) and the importance of having a data destruction policy (DDP) in place. It outlines the steps to take when destroying or deidentifying personal and sensitive information, and the consequences of not doing so.
Recent Federal Court decisions regarding tax law
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Edser v QSuper Board [2025] FCA 212 (18 March 2025)
PRACTICE AND PROCEDURE – interlocutory application for security for costs against appellant – no appearance by appellant – potential request for adjournment refused – ex parte hearing of application – principles for granting order for security for costs – where grounds of appeal identify no error in reasoning of primary Judge – where limited evidence…
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Elzain v Deputy Commissioner of Taxation [2024] FCA 873
PRACTICE AND PROCEDURE – application for leave to appeal – suppression and non-publication orders – where the Deputy Commissioner of Taxation applied on an ex parte basis for freezing orders – where the Deputy Commissioner of Taxation relied on a large volume of material in support of the application – where the applicants applied for…
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Kocic v Deputy Commissioner of Taxation [2024] FCA 1386
PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – where primary judge allowed amendments to statement of claim – whether primary judge erred by misapplying the proper approach to contemporary pleadings in circumstances alleging fraud – whether primary judge erred in finding that the statement of claim did not deploy…