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Damien Bourke | Partner | Brisbane

Taxation – Disputes and Litigation

T: +61 7 3135 0551

E: damien.bourke@holdingredlich.com

Damien is a partner with particular expertise in tax disputes based in the Firm’s Brisbane office. Damien was a former partner at Ernst and Young law where he was head of the firms Queensland tax disputes practice. Damien advises on all aspects of Australian and Queensland revenue disputes as well as complex cross border tax investigations, tax litigation, management of raids by revenue authorities and strategic discussions with tax authorities. More recently Damien has been practicing in his own specialised tax disputes and litigation firm.

He is one of the leading advisors and his firm was recently recommended by Doyle’s guide as one of the leading tax litigation firms.

He has recently been involved in successful payroll tax litigation against the Queensland revenue authorities. He is a leading authority on trusts and has had considerable success in both the Federal and High court in this area.

  • Representing law firms, their partners and clients before ATO enquiries established under section 264
  • Obtaining injunctive relief under the Administrative Decisions Judicial Review legislation against ATO section 264 notices issued and found to be beyond power
  • Successfully acted as solicitor in the defence of criminal proceedings for alleged breaches of notices (under section 264)
  • Advised on and acted for partners of law firms in proceedings to seek access to ATO documents under Freedom of Information legislation
  • Prosecuted actions against ATO officers personally for failing their duties and maliciously prosecuting the partner of a law firm
  • Maintained objections against and filed many proceedings in both the AAT and Federal Court against amended assessments
  • Conducted negotiations with ATO audit officers on reviews and audits of clients (advising on a range of issues – including containment of the process and legal professional privilege)
  • Appearances before the AAT on FOI applications made upon the ATO
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