Mr Sam J H Ure

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Sam practises in commercial litigation, tax and administrative law.

Sam acts in a broad range of commercial disputes including corporations, insolvency, bankruptcy and lending and debt matters. He has considerable experience in the preparation and conduct of civil penalty proceedings. He has acted for clients and professional advisors in solicitor and accountants' professional indemnity matters.

Sam acts in taxation review and appeal proceedings in all jurisdictions.  He regularly provides advice and settles objections in income tax, indirect taxes, state taxes and superannuation matters.  He advises and has appeared in proceedings under the 'promoter penalty' provisions. 

He practises in superannuation (including SMSF) and trust matters, and has advised and appeared in a range of superannuation disputes including tax review and appeals and complaints to the Superannuation Complaints Tribunal. 

Sam also acts in judicial review, FOI and merits review proceedings, including tax practitioner disciplinary and regulatory proceedings.

Some recent cases:

  • Bannon v Nauru Phosphate Royalties Trust [2016] VSC 425 (foreign state immunity) (with W Harris QC)
  • Statewide Secured Investments Ltd v Cipcon & Ors [2016] VCC 18 (mortgagee recovery proceeding ‑ defence of estoppel and merger) (with M Scott QC).
  • Acted for large professional services firm in professional negligence claim relating to tax advice on corporate group restructure (Supreme Court of Victoria) (with M Moshinsky QC).
  • Argus v FCT (Federal Court – superannuation – appeal from objection decision refusing tax exemption for current pension income) (with J Batrouney QC).
  • Highlass Investments Pty Ltd v FCT (Federal Court – application of general anti-avoidance provisions to corporate group restructure) (with S Sharpley QC).
  • Willner v Department of Economic Development, Jobs, Training and Resources [2015] VCAT 669 (FOI – exemption for personal privacy – CCTV footage on trains – whether redaction reasonable).
  • FCT v Barossa Vines Ltd [2014] FCA 20 (civil penalty proceeding) (with H Symon QC).
  • FCT v Ludekens [2013] FCAFC 100 (civil penalty proceeding) (with DMJ Bennett QC and P Sest QC); [2013] FCA 142 (with H Symon QC and P Sest).

Recent papers and presentations:

  • Private groups update (2015 Tax Institute Victoria Forum).
  • Developments at the intersection of trusts and tax (VicBar CPD Seminar, 2015).
  • Professional indemnity claims against tax advisers (private presentation in house at two national law firms).
  • Update on promoter penalty provisions (2014 Tax Institute Victoria Forum).

Sam's Linkedin profile can be found here, and discussion and occasional posts about recent decisions on can be found on his blog here.

 

Liability limited by a scheme approved under Professional Standards legislation.

Formal Details 0

  • Admitted to Practice
    26 April 2004
  • First Signing Bar Roll
    20 November 2008
  • Qualifications
    BA, LLB

Areas of Speciality

  • Banking & Finance
  • Corporations & Securities
  • Environment & Planning
  • Equity
  • Insolvency Law
  • Insurance & Professional Negligence
  • Intellectual Property & Trade Practices
  • Public Law