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Eugene Wheelahan KC

QUALIFICATIONS  BA LLB LLM FTI
ADMITTED  2005    BAR  2006
YEAR APPOINTED SILK  2018
CHAMBERS  ACK 2213

CLERK CONTACT  03 9225 7999
PHONE  9225 8405
MOBILE  0408 868 933
EMAIL  efwheelahan@vicbar.com.au

Eugene  Wheelahan, BA LLB LLM FTI

AREAS OF PRACTICE

  • Administrative Law
  • Commercial Law
  • Equity / Equitable Relief / Trusts
  • Schemes Of Arrangement
  • Taxation Law

ENQUIRIES: dever@vicbar.com.au

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Experience

Eugene practises principally in tax law. He has acted for both taxpayers and the Commissioner of Taxation in leading cases in the High Court and Federal Court.

Eugene advises and acts in disputes involving issues such as consolidation, transfer pricing, the CFC rules, thin capitalisation, double tax treaties, capital gains tax, the debt/equity rules, capital/revenue distinctions, losses, GST, taxation of trusts and Part IVA. He acts for clients in the mining, infrastructure, telecommunications and financial services industries, among others, providing opinions and assisting them in their dealings with the Commissioner during reviews, audits, objections and litigation.

Eugene has a Master of Tax from the University of Melbourne where he is a Senior Fellow of the Law Faculty lecturing in the subject Tax Litigation and, previously, Tax Avoidance and Planning. He is also President of the Tax Bar Association, a Fellow of the Tax Institute of Australia and a member of the Boards of Barristers' Chambers Limited and the Victorian Bar Foundation.

Eugene is consistently recognised in publications such as Doyles Guide, Chambers and Partners Asia Pacific, Who's Who Legal and Best Lawyers.

Recent or significant cases in which Eugene has appeared as silk include (client in bold):

  • PepsiCo Inc. v Commissioner of Taxation (Federal Court)
  • Mylan Inc. v Commissioner of Taxation (Federal Court - decision pending)
  • Bechtel Australia Pty Ltd v Commissioner of Taxation (Full Federal Court - decision pending)
  • Minerva Financial Group Pty Ltd v Commissioner of Taxation (Full Federal Court - decision pending)
  • Landcom v Commissioner of Taxation (Full Federal Court)
  • Ausnet Services Limited v Commissioner of Taxation (Federal Court - decision pending)
  • Clough Limited v Commissioner of Taxation (Full Federal Court)
  • Watson v Commissioner of Taxation (Full Federal Court and application to High Court for special leave)
  • Mussalli v Commissioner of Taxation (Application to High Court for special leave)
  • Moreton Resources Pty Ltd v Commissioner of Taxation (Full Federal Court)
  • Auctus Resources Pty Ltd v Commissioner of Taxation (application to the High Court for special leave)
  • BHP Billiton Ltd v Commissioner of Taxation (High Court)


From 24/07/2008, Liability limited by a scheme approved under Professional Standards Legislation.