BALDWINS • FoodLegal

Australian Lawyers and Consultants

Ready For Your Claims Against Government "Big Brother"

August 2003

Baldwins will act, in appropriate circumstances, on behalf of any accountant against government agencies such as the Australian Taxation Office to seek compensation in respect of any costs, losses, damage or other detriment suffered (directly or indirectly) as a result of defective administration (whether active or by inaction) of the ATO. We have precedents and statutory law to support such claims if the circumstances fit.

Baldwins will assess potential claims, which need to be quantified by the accountant.

"Defective administration" may include such things as a specific and unreasonable lapse in complying with existing administrative procedures; an unreasonable failure by the ATO to institute appropriate administrative procedures or to give the proper advice that was within the official's power to give (or reasonably obtainable by the official); or the provision of advice that was incorrect or ambiguous.

Even when a case does not involve defective government administration, there may be other avenues of redress if a Commonwealth government agency has by its direct act or omission created an inequitable or detrimental effect on an individual or organisation; or where the detriment has arisen from government or bureaucratic back-tracking.

For further information, contact Joe Lederman at BALDWINS, Australian Lawyers & Consultants.

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