In this edition of our banking litigation podcast, we consider some recent cases that will be most relevant to in-house lawyers at banks and financial institutions. This episode is hosted by John Corrie, a partner in our banking litigation team, who is joined by Ceri Morgan and special guest Mark Tanner.

You can find links to our blogs on the cases covered in this podcast below:

• High Court considers bank’s vicarious liability for fraudulent misrepresentations made by former employee
• High Court refuses Swiss bank’s jurisdiction challenge over declarations of enforceability of standby letters of credit
• High Court considers interpretation of English exclusive jurisdiction clause in trade finance documentation
• High Court considers novel app fraud “retrieval duty” claim against both sending and receiving PSPS
• Litigation funding: bill introduced to reverse effect of Paccar and civil justice council invited to review the sector
• Proposed new rule would radically expand public access to court documents
• Implications of sanctions against Russia on banking disputes in the UK
• Biannual banking litigation update (Spring 2024)

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Speakers: John Corrie (Partner), Ceri Morgan (Professional Support Consultant), Mark Tanner (Of Counsel)

489 days since the passing of the Secure Jobs, Better Pay Act, this episode of Inside IR provides a timely update on how this legislation is impacting enterprise bargaining in Australia. Rohan Doyle is joined by Senior Associates Victoria Fijalski and Mathew Reiman to explore how key changes introduced by the Act are playing out in workplaces and the Fair Work Commission, including the intractable bargaining jurisdiction, the conciliation requirement prior to industrial action, the new multi-enterprise bargaining framework, and other bargaining process changes. Rohan, Victoria and Mathew conclude by examining data from before and after the Secure Jobs, Better Pay amendments to discern the impact of these changes on disputes and wage outcomes.

In this episode of the Herbert Smith Freehills Tax Bites podcast, Toby Eggleston partners with Consulting Professor Graham Cooper and fellow partner Ryan Leslie to dive deep into recent Federal Court decisions on the anti-avoidance provisions in Part IVA of the Income Tax Assessment Act 1936. The discussion begins with insights into the Minerva Financial Group vs. Commissioner of Taxation, highlighting the saga of restructuring for an IPO and the accompanying tax implications. Also explored is the Mylan Australia Holdings case involving a debt push down strategy and the ATO’s application of Part IVA. The episode touches on pivotal aspects such as the significance of counterfactual scenarios, determination of tax benefits, and the overarching question of dominant purpose in context to Part IVA. The conversation also delves into the potential implications of the 2012 amendments compared to the pre-amendment rulings and foreshadows the impact of recent budget announcements on future tax avoidance disputes.

00:00 Welcome to the Tax Bites Podcast
00:32 Deep Dive into Part IVA Decisions: Minerva Financial Group Case
14:04 Exploring the Mylan Australia Holdings Case: A Debt Push Down Analysis
30:01 Impact of 2012 and 2023 Part IVA Amendments on Tax Law
40:33 Final Thoughts and Future Directions in Tax Law

Want to go deeper? Read our tax notes on the cases

Minerva Financial Group Pty Ltd v Commissioner of Taxation

Mylan Australia v Commissioner of Taxation: The Commissioner loses again on Part IVA