Dr Philip Bender
Philip has a broad commercial practice, specialising in taxation and superannuation, bankruptcy and insolvency, corporations and securities, property, professional negligence, and administrative law.
He has extensive experience in advising on taxation and superannuation issues for deceased estates, not-for-profits, small businesses and large organisations, including cross-border transactions and other international tax issues. Philip has appeared in the AAT, as well as the County Court, Supreme Court, Federal Court, and the VCAT and is also a nationally accredited mediator.
Prior to coming to the Bar, Philip worked at KPMG in taxation and superannuation. He was also a visiting scholar at the United Nations Commission on International Trade Law where he worked with the UNCITRAL Model Law on cross-border insolvency and international arbitration in 2008.
*Liability limited by a scheme approved under Professional Standards legislation
Areas of Practice
Cases
- Australian Securities and Investments Commission v McCormack (No 2) [2017] FCA 684
- CPAC Residential Pty Ltd and Australian Securities and Investments Commission [2016] AATA 428
- Bolton and Australian Securities and Investments Commission [2015] AATA 977
- Jeffers and Australian Securities and Investments Commission [2015] AATA 537
- Millington v Waste Wise Environmental Pty Ltd [2015] VSC 167
- Fode v Horne & Anor [2015] FCCA 70
- Di Cioccio v Official Trustee in Bankruptcy [2014] FCA 782
- Howard v Commissioner of Taxation (2014) 253 CLR 83
- Watsford v Commissioner of Taxation [2013] FCA 1389
- Heaney and Commissioner of Taxation [2013] AATA 331
- VN Railway Pty Ltd v Commissioner of Taxation [2013] FCA 265
- Bell v FCT [2013] HCATrans 179
- Hadrian Fraval Nominees Pty Ltd and Commissioner of Taxation [2013] AATA 127
- Deputy Commissioner of Taxation v National Skin Institute (Aust) Pty Ltd [2012] FCAFC 2
- International All Sports v Commissioner of Taxation [2011] FCA 824
Publications
- Philip Bender – Australian Stamp Duties, published by Taxation Institute of Australia, sole author of this forthcoming book to be published in the first half of 2018 and dealing with stamp duty in all Australian jurisdictions.
- Philip Bender – Contributing author, Taxation of Financial Arrangements, book published by Thomson Reuters
- Philip Bender – Contributing author, Business Tax Reform in Prospect and Retrospect, book published by Thomson Reuters
- Philip Bender – Australia adopts the UNCITRAL Model Law. NSW Law Society Journal, November 2008
- Philip Bender – Sovereignty and foreign government investment in Australia. CCH Tax Week, December 2005
- Philip Bender – The Precautionary Approach and Management of the Antarctic Krill. European Journal of Environmental Law, 2006, Vol 18(2)
- Philip Bender – The World Trade Organisation and Australian tax policy. CCH Tax Week, April 2006
- Philip Bender – State of Necessity: IUU Fishing in the CCAMLR Zone. Ocean & Coastal Law Journal (University of Maine), 2008, Vol 13(2)
- Philip Bender – Life insurance: paying a premium. CCH Tax Week, April 2007
- Philip Bender – Trust stripping is a dangerous game. CCH Tax Week, March 2006
- Philip Bender – Stamp duty exemption for transfers to beneficiaries of a trust. CCH Tax Week, August 2007
- Philip Bender – GST: In specie distributions from a discretionary trust. CCH Tax Week, August 2008
- Philip Bender – Rumble in the Tax Act: 23AJ vs 23AI. CCH Tax Week, August 2006
- Philip Bender – Let’s Get Active! The CGT Participation Exemption. Taxation in Australia, September 2006
- Philip Bender – Value Shifting: Avoiding its Perils. Taxation in Australia, March 2007
QUALIFICATIONS
BCom, LLB (Hons), PhD, Grad Dip Leg Prac, CPA
MEMBERSHIPS & ASSOCIATIONS
Member of Chartered Accountants Australia and New Zealand, 2005 – present
Member of the Law Institute of Victoria’s Administrative Law Committee, 2014 – 2015
Member of the Law Institute of Victoria’s Competition and Consumer Law Committee, 2014 – present
Member of the Law Institute of Victoria’s Not-for-profit and Charities Committee, 2014 – present
Member of the Melbourne CBD Insolvency Discussion Group, 2015 – 2017
Represented the Law Institute in consultations on proposed changes to the Competition and Consumer Law Act in 2016 and 2017
Dr Philip Bender
Profile
Philip has a broad commercial practice, specialising in taxation and superannuation, bankruptcy and insolvency, corporations and securities, property, professional negligence, and administrative law.
He has extensive experience in advising on taxation and superannuation issues for deceased estates, not-for-profits, small businesses and large organisations, including cross-border transactions and other international tax issues. Philip has appeared in the AAT, as well as the County Court, Supreme Court, Federal Court, and the VCAT and is also a nationally accredited mediator.
Prior to coming to the Bar, Philip worked at KPMG in taxation and superannuation. He was also a visiting scholar at the United Nations Commission on International Trade Law where he worked with the UNCITRAL Model Law on cross-border insolvency and international arbitration in 2008.
*Liability limited by a scheme approved under Professional Standards legislation
Areas of Practice
Cases
- Australian Securities and Investments Commission v McCormack (No 2) [2017] FCA 684
- CPAC Residential Pty Ltd and Australian Securities and Investments Commission [2016] AATA 428
- Bolton and Australian Securities and Investments Commission [2015] AATA 977
- Jeffers and Australian Securities and Investments Commission [2015] AATA 537
- Millington v Waste Wise Environmental Pty Ltd [2015] VSC 167
- Fode v Horne & Anor [2015] FCCA 70
- Di Cioccio v Official Trustee in Bankruptcy [2014] FCA 782
- Howard v Commissioner of Taxation (2014) 253 CLR 83
- Watsford v Commissioner of Taxation [2013] FCA 1389
- Heaney and Commissioner of Taxation [2013] AATA 331
- VN Railway Pty Ltd v Commissioner of Taxation [2013] FCA 265
- Bell v FCT [2013] HCATrans 179
- Hadrian Fraval Nominees Pty Ltd and Commissioner of Taxation [2013] AATA 127
- Deputy Commissioner of Taxation v National Skin Institute (Aust) Pty Ltd [2012] FCAFC 2
- International All Sports v Commissioner of Taxation [2011] FCA 824
Publication
- Philip Bender – Australian Stamp Duties, published by Taxation Institute of Australia, sole author of this forthcoming book to be published in the first half of 2018 and dealing with stamp duty in all Australian jurisdictions.
- Philip Bender – Contributing author, Taxation of Financial Arrangements, book published by Thomson Reuters
- Philip Bender – Contributing author, Business Tax Reform in Prospect and Retrospect, book published by Thomson Reuters
- Philip Bender – Australia adopts the UNCITRAL Model Law. NSW Law Society Journal, November 2008
- Philip Bender – Sovereignty and foreign government investment in Australia. CCH Tax Week, December 2005
- Philip Bender – The Precautionary Approach and Management of the Antarctic Krill. European Journal of Environmental Law, 2006, Vol 18(2)
- Philip Bender – The World Trade Organisation and Australian tax policy. CCH Tax Week, April 2006
- Philip Bender – State of Necessity: IUU Fishing in the CCAMLR Zone. Ocean & Coastal Law Journal (University of Maine), 2008, Vol 13(2)
- Philip Bender – Life insurance: paying a premium. CCH Tax Week, April 2007
- Philip Bender – Trust stripping is a dangerous game. CCH Tax Week, March 2006
- Philip Bender – Stamp duty exemption for transfers to beneficiaries of a trust. CCH Tax Week, August 2007
- Philip Bender – GST: In specie distributions from a discretionary trust. CCH Tax Week, August 2008
- Philip Bender – Rumble in the Tax Act: 23AJ vs 23AI. CCH Tax Week, August 2006
- Philip Bender – Let’s Get Active! The CGT Participation Exemption. Taxation in Australia, September 2006
- Philip Bender – Value Shifting: Avoiding its Perils. Taxation in Australia, March 2007
Qualifications & Memberships
QUALIFICATIONS
BCom, LLB (Hons), PhD, Grad Dip Leg Prac, CPA
MEMBERSHIPS & ASSOCIATIONS
Member of Chartered Accountants Australia and New Zealand, 2005 – present
Member of the Law Institute of Victoria’s Administrative Law Committee, 2014 – 2015
Member of the Law Institute of Victoria’s Competition and Consumer Law Committee, 2014 – present
Member of the Law Institute of Victoria’s Not-for-profit and Charities Committee, 2014 – present
Member of the Melbourne CBD Insolvency Discussion Group, 2015 – 2017
Represented the Law Institute in consultations on proposed changes to the Competition and Consumer Law Act in 2016 and 2017