Andrew Broadfoot KC joined the Victorian Bar in 2002 and was appointed silk in 2016. Prior to taking silk he mentored seven new readers joining the Victorian Bar, six of whom are now junior tax barristers. He is a member of the Tax Bar Association Committee and of the Victorian Bar Audit and Finance Committee.

 

He has appeared in the Federal Court in Melbourne, Perth, Sydney, Brisbane and Hobart; in the Full Federal Court; and in the High Court. He has also appeared extensively in the Supreme Court of Victoria. Recently he appeared for the successful taxpayer, leading Gareth Redenbach, in Lewski v Commissioner of Taxation, and persuaded the Full Federal Court (Perram, Pagone and Moshinsky JJ) to overturn a decision dealing with the incurrence of outgoings under contracts (distinguishing the long standing decision in Malouf), as well as contingent trust resolutions and present entitlement.

 

Other cases have involved issues including the revenue/capital distinction, dividend stripping, Part IVA, capital allowances, foreign exchange losses, residence and source, capital gains, trusts, and petroleum resource rent tax. He has appeared before the Part IVA panel several times and has advised on issues including transfer pricing, trusts, stamp duties and sovereign immunity.