Jakub Patela

Bar Roll: 2022 Admitted: 2016
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Jakub practises in tax, commercial and public law, with a focus in tax law. He is a reporter for the Commonwealth Law Reports, a member of the Victorian Bar Council and a committee member of the Tax Bar Association.

His tax practice spans federal and state tax matters in litigation and advice contexts concerning a broad range of tax issues. Those include capital/revenue, Part IVA, Div 855, transfer pricing, Div 7A, GST, luxury car tax, JobKeeper, Subdiv 165-C and consolidation issues, employee share schemes and trusts, stamp duty, land tax and payroll tax. He has acted at all stages of tax disputes, from the pre-audit and RFI stage, through to audit and objection up to litigation in Courts and Tribunals – from the Administrative Appeals Tribunal up to the High Court of Australia. He has also appeared (unled) before the GAAR panel and has assisted clients in applying for private rulings.

His clients include individuals and small-medium businesses through to large private groups and ASX-listed companies. He has also been briefed by the Commissioner of Taxation, Industry Innovation and Science Australia and the Australian Charities and Not-for-profits Commission.

Some recent notable matters include:

•  Automotive Invest Pty Limited v Commissioner of Taxation [2024] HCA 36 (led by D H Bloom KC and K Josifoski, instructed by King & Wood Mallesons) – luxury car tax

•  Newmont Canada FN Holdings ULC v Commissioner of Taxation and Newmont Capital Limited v Commissioner of Taxation (WAD590/2017) (led by J W de Wijn AM KC and M L Baker KC, instructed by Clayton Utz) – Div 855, judgement reserved

•  Confidential transfer pricing audit for a large multinational company (instructed by a big law firm).

Before his call to the Bar, Jakub was an Associate to the Hon Justice Simon Steward at the High Court of Australia. He was also his Honour’s Associate at the Federal Court of Australia. His time as an Associate deepened his expertise in tax law but also gave him experience across all areas of law. Before that he was a tax and litigation lawyer at Allens.

Jakub holds Bachelors in Law (First Class Honours) and Commerce (Dean’s Honours, majoring in Economics) from Monash University. He was first in class for a number of economics and law subjects and was an Editor of the Monash University Law Review.

Jakub read with Andrew de Wijn SC. His senior mentor is Eugene Wheelahan KC.

 

*Liability limited by a scheme approved under Professional Standards legislation

Class ActionsCommercialCompetitionConfidential InformationConstitutional LawConstructionCorporate & CommercialCorporationsCustomsDisabiltyEmployment and Industrial RelationsEquity & TrustsFOI/PrivacyJudicial ReviewMerits ReviewProperty, Planning, Environment & ResourcesPublic LawPublic LawRoyal Commissions/Government InquiriesSuperannuationTaxation & SuperannuationTaxes – FederalTaxes – StateTrade Practices/Consumer Protection

QUALIFICATIONS

Bachelors of Law (First Class Honours) and Commerce (Dean's Honours) - Monash University

Jakub Patela

Bar Roll: 2022 Admitted: 2016
print vcard

Profile

Jakub practises in tax, commercial and public law, with a focus in tax law. He is a reporter for the Commonwealth Law Reports, a member of the Victorian Bar Council and a committee member of the Tax Bar Association.

His tax practice spans federal and state tax matters in litigation and advice contexts concerning a broad range of tax issues. Those include capital/revenue, Part IVA, Div 855, transfer pricing, Div 7A, GST, luxury car tax, JobKeeper, Subdiv 165-C and consolidation issues, employee share schemes and trusts, stamp duty, land tax and payroll tax. He has acted at all stages of tax disputes, from the pre-audit and RFI stage, through to audit and objection up to litigation in Courts and Tribunals – from the Administrative Appeals Tribunal up to the High Court of Australia. He has also appeared (unled) before the GAAR panel and has assisted clients in applying for private rulings.

His clients include individuals and small-medium businesses through to large private groups and ASX-listed companies. He has also been briefed by the Commissioner of Taxation, Industry Innovation and Science Australia and the Australian Charities and Not-for-profits Commission.

Some recent notable matters include:

•  Automotive Invest Pty Limited v Commissioner of Taxation [2024] HCA 36 (led by D H Bloom KC and K Josifoski, instructed by King & Wood Mallesons) – luxury car tax

•  Newmont Canada FN Holdings ULC v Commissioner of Taxation and Newmont Capital Limited v Commissioner of Taxation (WAD590/2017) (led by J W de Wijn AM KC and M L Baker KC, instructed by Clayton Utz) – Div 855, judgement reserved

•  Confidential transfer pricing audit for a large multinational company (instructed by a big law firm).

Before his call to the Bar, Jakub was an Associate to the Hon Justice Simon Steward at the High Court of Australia. He was also his Honour’s Associate at the Federal Court of Australia. His time as an Associate deepened his expertise in tax law but also gave him experience across all areas of law. Before that he was a tax and litigation lawyer at Allens.

Jakub holds Bachelors in Law (First Class Honours) and Commerce (Dean’s Honours, majoring in Economics) from Monash University. He was first in class for a number of economics and law subjects and was an Editor of the Monash University Law Review.

Jakub read with Andrew de Wijn SC. His senior mentor is Eugene Wheelahan KC.

 

*Liability limited by a scheme approved under Professional Standards legislation

Areas of Practice

Class ActionsCommercialCompetitionConfidential InformationConstitutional LawConstructionCorporate & CommercialCorporationsCustomsDisabiltyEmployment and Industrial RelationsEquity & TrustsFOI/PrivacyJudicial ReviewMerits ReviewProperty, Planning, Environment & ResourcesPublic LawPublic LawRoyal Commissions/Government InquiriesSuperannuationTaxation & SuperannuationTaxes – FederalTaxes – StateTrade Practices/Consumer Protection

Qualifications & Memberships

QUALIFICATIONS

Bachelors of Law (First Class Honours) and Commerce (Dean's Honours) - Monash University