Kathryn Bertram Partner

Kathryn specialises in tax risk management (including reviews, audits, ADR and litigation) and state taxes (transfer duty, landholder duty, corporate reconstruction relief, windfall gains tax, land tax and state tax due diligence).

Kathryn has advised on disputes in relation to land tax, payroll tax, transfer duty, valuations, losses, capital gains tax, the General Anti Avoidance Rule (Part IVA), transfer pricing, permanent establishments and the R&D tax incentive.

Kathryn has managed teams of lawyers, and worked as a member of teams, on large taxation litigation matters in the Federal Court of Australia, the Administrative Appeals Tribunal, the Supreme Court of Victoria, the Victorian Civil and Administrative Tribunal and the South Australian Civil and Administrative Tribunal, including appearing herself and instructing counsel in ADR and at hearings.

Alongside her tax work, Kathryn is joint pro bono partner. She has played a central leadership role in driving the firm’s national practice which supports low income, disadvantaged and marginalised people in the Australian community and the organisations that support them. In only two years, our practice achieved 48 pro bono hours per lawyer, exceeding the national pro bono target – a process that is usually expected to take five years.

Experience

Tax audits and litigation

Mirvac Funds

Acted in Federal Court of Australia litigation conducted on behalf of Foster’s Group against the ATO in relation to losses in respect of funding of the Elders Finance Group.

Ashwick litigation

Acted in Federal Court of Australia litigation conducted on behalf of Foster’s Group against the ATO in relation to losses in respect of funding of the Elders Finance Group.

Multinational FMCG corporation

Advising and representing the Australian subsidiary of a foreign multinational food and beverage company in relation to the conduct of ATO taxation audits of the 2012 to 2019 income years.

Strike Energy Limited

Acted in the Administrative Appeals Tribunal in relation to a dispute against Innovation and Science Australia regarding the availability of the R&D tax incentive.

Accord Property

Advising on sub-sale rules in relation to acquisitions of land in Victoria and Western Australia, including liaising with third parties and their advisors.

CUB (formerly a subsidiary of AB InBev)

Advised on internal restructuring involving landholder duty acquisitions, including various submissions to revenue authorities prior to the takeover of CUB by Asahi Beverages; advised on various acquisitions including preparing landholder applications and liaising with revenue authorities; and advised on a major internal restructure, involving landholder structuring advice, liaising with other professional advisors in various jurisdictions as well as various Australian state revenue authorities and applying for corporate reconstruction relief.

ASX-listed energy corporation

Stamp duty due diligence on the proposed acquisition of interests in multiple Australian jurisdictions.

ASX listed corporation

Acting for a taxpayer against the Victorian Commissioner of State Revenue in an objection in relation to the imposition of transfer duty.

Major global information technology group

Acting for the Australian subsidiary of a major global information technology group in relation to an Australian Taxation Office audit of the subsidiary’s Australian operations.

Major global manufacturing group

Acting for an Australian subsidiary of a major global manufacturing group in relation to an Australian Taxation Office Large Business Audit.

Large Australian accommodation provider

Acted in valuation dispute with the Valuer-General in SACAT.

Law Institute of Victoria

In 2014, acted for the Law Institute of Victoria in relation to Supreme Court proceedings concerning the LIV’s payroll tax status.

Stamp duty

Harmony Property Investments

Advising on the stamp duty implications of land acquisitions and acquisitions of interests in landholding trusts. Various submissions to revenue authorities in multiple jurisdictions.

Large Australian accommodation group

Acted in the takeover of a listed trust holding significant land assets in five Australian jurisdictions in relation to stamp duty.

Major global manufacturing group

Advised on stamp duty implications of a major internal restructure, including applying for corporate reconstruction relief.

Recognition

Career & qualifications

Qualifications

  • Master of Laws, University of Melbourne
  • Bachelor of Laws (Hons), La Trobe University
  • Bachelor of Commerce, La Trobe University

Memberships

  • Member of the SRO/LIV Liaison Committee

International experience

  • Advised a large a mining company in a dispute with the Timor-Leste government over various tax assessments

Insights Read more insight

Insights from the Federal Court’s latest decision on LPP

We recently commented upon a heavily redacted version of Moshinsky J’s judgment in Commissioner of Taxation v PricewaterhouseCoopers [2022] FCA 278 (PwC case).

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LPP “Smorgasbord” wars: Commissioner not entitled to all taxpayer’s documents

Moshinsky J handed down (in part) the highly anticipated decision: Commissioner of Taxation v Pricewaterhouse Coopers [2022] FCA 278, finding that only a portion of the respondent’s documents over...

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Commissioner of Taxation’s access powers

The Commissioner of Taxation has broad powers to obtain information and documents for the purposes of his administration of Australia’s tax laws.

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News

External publications

  • ‘Australia’ in David W.Chodikoff (ed), Transfer Pricing and Tax Avoidance (2014), 11 – Stewart Grieve, Reynah Tang, Kathryn Bertram, Bridie Andriske, Cate Smith
  • ‘GST going concern changes may result in increased stamp duty’, (2014) 12(4) Tax Planning International: Indirect Taxes 18
  • ‘Australia’ in David W.Chodikoff (ed),Taxation Litigation (2013), 1 – Stewart Grieve, Kathryn Bertram, Bridie Andriske, Shinasa Wasimi, Daniel Davids
  • ‘Confession time on tax?’, Australian Financial Review – CFO, (Sydney) 14 February 2013, online publication – Stewart Grieve, Kathryn Bertram, Cate Smith
  • ‘Land grab beware of Victoria’s new landholder duty provisions’, (2012) 86(11), Law Institute Journal 40
  • 'Diverted Profits Tax: U.K., Australian, and New Zealand Approaches', (2017), Tax Notes - Shinasa Wasimi, Jai Nario, Kathryn Bertram

Submissions

  • Submission to South Australian State Taxes Review