Meet our lawyers

Mark West

Principal

Phone +617 3905 9480

Email: mwest@westgarbutt.com.au

Qualified as a lawyer, chartered accountant and chartered tax adviser, Mark provides advice across the spectrum of taxes.  He has experience in income tax, capital gains tax, goods and services tax, fringe benefits tax, payroll tax and land tax.

 

Mark assists with all legal matters involving taxation law, including making applications for private, class or product rulings from the ATO.  He assists with tax audits and with related settlement negotiations with the ATO and State revenue authorities.  He also provides tax advice on restructures, mergers and acquisitions, and on debt and equity fundraisings.

 

He has acted for clients in tax cases before the Administrative Appeals Tribunal and the Full Federal Court.

 

Mark conducts tax due diligence reviews, prudential reviews (i.e. prior to ATO or State revenue authority audit) of taxation exposures and gives opinions on uncertain or ‘reportable’ tax positions.

 

Mark acts for high wealth individuals, for private groups and for listed company groups across sectors including engineering, investment funds, information technology and property.  He has a number of clients in the retirement living field and is a recognised expert on taxation issues in that industry.  He also advises on taxation matters for the non-profit sector, including private ancillary foundations.

 

Mark regularly conducts training and presentations on taxation matters for accounting and legal firms as well as for professional and industry bodies.

 

Mark has been named in the Financial Review’s Best Lawyers’® publication as a leading retirement living and tax lawyer in 2018 for his taxation expertise on advising clients in that industry. Mark has been listed as a leading tax lawyer in Queensland by Doyles Guide for 2017.

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Lyndon Garbutt

Principal

Phone: +617 3905 9481

Email: lgarbutt@westgarbutt.com.au

Lyndon is a qualified lawyer, chartered accountant and chartered tax adviser who advises on GST, payroll tax, land tax, income tax, capital gains tax and the establishment of private ancillary foundations.

 

His diverse experience in dealing with the Australian Taxation Office (ATO) from an accounting and a legal perspective has given him a valuable insight into the motivation of agencies.

 

Lyndon has acted for clients from diverse backgrounds in a wide range of industries, including the non-profit and charities sector.  

 

He has been involved in representing the interests of clients during ATO reviews and audits, drafting objections to ATO decisions and drafting applications for private binding rulings.  Lyndon has also successfully negotiated with the ATO regarding the imposition of penalties, remission of interest charges, lifting of garnishee orders and negotiations regarding director penalty notices and payment arrangements.

 

Lyndon has acted for clients in appeals to the Administrative Appeals Tribunal, successfully negotiating settlements before the commencement of formal proceedings.

 

Lyndon’s experience also includes drafting and managing submissions to State revenue authorities regarding land tax and the application of payroll tax, including during State revenue authority audits.  Lyndon drafts and lodges objections and appeals against payroll tax assessments and Commissioner decisions, including decisions relating to grouping of businesses for payroll tax purposes and the application of the contractor and employment agent provisions.

 

Lyndon’s experience includes advising charities, non-profits and other organisations on the availability of a range of exemptions and concessions from land tax and payroll tax, including seeking refunds of overpaid tax for past years.

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Michael McLaughlin

Principal

Phone: +617 3905 9486

Email: mmclaughlin@westgarbutt.com.au

Michael is a qualified lawyer, with over ten years’ experience advising on taxation matters in roles with leading Australian law firms and the major international accounting firms. Michael specialises in transaction taxation and structuring as well as litigious disputes with the Australian Taxation Office (ATO).

 

Michael has acted for publicly listed and large private groups in both buy side and sell side transactions, as well as major restructures and corporate dealings. His transaction work often involves liaising with the ATO and seeking clearance through the ruling and early engagement systems.

 

He has instructed in various successful appeals for taxpayers before the Administrative Appeals Tribunal and the Federal Court as well as special leave applications to the High Court. His experience includes all stages of the dispute process including the preparation and lodgement of objections and the appearance for taxpayers in arbitration.

 

Michael routinely provides clients with technical advice on various aspects of the taxation law, drawing on his transaction and dispute/litigation expertise and experience.

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Alex Whitney

Associate

Phone: +617 3905 9482

Email: awhitney@westgarbutt.com.au

 

Alex was admitted as a solicitor in 2014 and has focussed on technical tax for most of his career. He has experience in the areas of income tax, CGT, GST, superannuation guarantee as well as disputes with revenue authorities.

 

Alex has acted for a broad range of clients, including family businesses, high wealth private groups, national non-profit organisations, deceased estates and corporate groups. He has acted on large transactions ($100M+) which required significant tax involvement, as well as objections and appeals for income tax, CGT and GST.

 

Alex has been published in a variety of publications including Bloomberg BNA Tax Planning International Asia Pacific Focus, the New South Wales Law Society Journal and the Tax Institute of Australia ‘Taxation in Australia’ journal.

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