Court of Appeal confirms claw back from ATO for knowing receipt

Craig Ensor, Andrew Edington and Lawrence Hanna of Corrs explain how the NSW Court of Appeal upheld the claw back of approximately $15 million paid to the ATO from proceeds obtained in breach of fiduciary duty, confirming that those proceeds were trust property from the moment of breach and that the ATO was not immune from knowing receipt liability despite its statutory tax collection role.

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