John is a client focused, solutions orientated Associate within the Litigation Practice.

With experience developed as a dispute and litigation lawyer for the Commissioner and Deputy Commissioners of Taxation, John brings hands on knowledge gained in managing complex insolvency and debt recovery proceedings together with a deep understanding of the mechanics of government agencies.

Key Matters

  • Advised/appeared with respect to insolvency related claims including creditor’s petitions, defending applications to set aside a statutory demand, objecting to excessive remuneration claims, responding to annulment applications, and commencing recovery proceedings against corporate directors under section 588FGA of the Corporations Act 2001)
  • Providing complex and reliable legal advice to internal ATO stakeholders on a broad range of legal issues including defending declaratory proceedings, providing insolvency opinions, and reviewing indemnity claims
  • Drafted complex deeds of settlements at the conclusion of multiple insolvency and debt recovery proceedings
  • Conducting multiple debt recovery proceedings in the County Court of Victoria
  • Appeared for Commissioner of the Australian Taxation Office in the Federal Court to successfully wind-up companies
  • Directly briefed counsel to defend or commence action on behalf of the Federal Commissioner of Taxation
  • Conducted multiple bankrupt estate and corporate insolvency administrations
  • Experience in assisting bankruptcy trustees and liquidators to obtain information from the ATO to aid in their investigations and recovery action
  • Drafting complex deeds of settlement to facilitate annulments, settlement of creditor claims, and to obtain vacant possession of property for the purposes of realising real property for creditor dividends
  • Interviewed associates of bankrupts under oath to identify asset dissipation strategies
  • Undertaking complex cross-border asset tracing to locate offshore assets
  • Providing strategic legal advice on annulment applications

John’s experience as a litigation and insolvency lawyer within the ATO and other state government departments has given him unique insight into approaching and managing litigation that involves government agencies.

Areas of Expertise

Key focus areas:

  • Drafting complex deeds of settlements
  • Managing debt recovery proceedings
  • Conducting bankrupt estate and corporate insolvency administrations

Recent Articles by John Miller

Unyielding tax obligations: Understanding tax debt write-offs

John Miller provides clarity around when a tax debt is considered "uneconomical to pursue," and the potential future implications for taxpayers with historical tax debts.
18 March, 2024