Brett DaviesBrett Davies

Adjunct Professor, Dr Brett Kenneth Davies  Brett Davies
CTA, AIAMA, BJuris, LLB, Dip Ed, BArts(Hons), LLM, MBA, SJD

Barrister and Solicitor of the High Court of Australia
Adjunct Professor at Curtin University, Business & Law School
Accredited Mediator (AIAMA)
Chartered Tax Adviser (CTA)

 

Brett Davies Curriculum Vitae

Brett Davies Contact Details  

Legal Consolidated Barristers & Solicitors (incorporating Brett Davies Lawyers), 39 Stirling Highway, Nedlands WA, Australia

Postal: Post Office Box 5169, Dalkeith WA, Australia

Email: brett@legalconsolidated.com

Date of birth– 17 August 1960

Marital status– (Australia) Married, with a son

Citizenship– British and Australian

Brett Davies Education

·      Doctor of Juridical Science, 2013, The University of WA

·      Practitioners Certificate in Mediation and Conciliation (AIAMA), Institute of Arbitrators & Mediators Australia, 2012

·      Master of Business Administration, 1996, Murdoch University, WA

·      Master of Laws, 1992, The University of Western Australia

·      Bachelor of Laws, 1987, The University of Western Australia

·      Bachelor of Jurisprudence, 1986, The University of WA

·      Diploma of Education, 1983, Nedlands Teachers College, WA

·      Bachelor of Arts (Honours), 1982, The University of WA

·      Graduated, 1978, Ceredo-Kenova High School, West Virginia, USA (Rotary Exchange)

·      Matriculated, 1977, Tuart Hill Senior High School, WA

Brett Davies Professional

·    Law School, The University of WA, LAWS5238 Goods and Services Taxation,  Co-lecturer, 2017

·      Adjunct Professor, Curtin University Business & Law School, 2016 – Current

·      Partner, Legal Consolidated Barristers & Solicitors, Australia wide tax law firm. Also, the first law firm in Australia providing online documents on a law firm website 2015 – current

·      Founder, Legal Consolidated Ltd (UK) 2013 – current

·      Founder, Integrated Legal Holdings Ltd, second listed law firm in the world, 2007 (ASX)

·      National winner of Service Excellence in Professional Services Firms by Customer Service Institute of Australia, 2010

·      Founder, Fortuna Funds Management Ltd, 2003 – 2010

·      Founder and Managing Director, Law Central Co Pty Ltd, 2000 – 2012 (ASX listed 2007). First website in Australia providing online legal documents.

·      Non-Executive, Director, eTick Limited, 2002 (Australian Securities Exchange) – reconstruction

·      University of Western Sydney, Lecturer in taxation and insurance law for the Master of Commerce, 2000 – 2005

·      Curtin University Business & Law School, Lecturing both the Estate Planning and the Superannuation Units 2000 – 2005, 2016 – current; Curtin Business School Advisory Board 2003 – 2005

·      Partner, Brett Davies Lawyers 1994 – 2012 (53 staff) (in 2011 renamed to Civic Legal) (listed ASX 2007)

·      Barrister & Solicitor, Birman & Ride, Barristers & Solicitors, 1990 – 1994

·      Articled Clerk & then Barrister & Solicitor, Robinson Cox, Barristers & Solicitors, 1986 – 1990 (now Clayton Utz)

·      Real Estate Representative, Mair & Co, 1982 – 1984 (while full-time student)

Brett Davies Community 

·     The Tax Institute academic assessment panel for both ATL007 Advanced Superannuation and ATL008 Tax for Trusts. 2017 – current.

·      Art Gallery of Western Australia Chairperson, Foundation: 2004 –  2007, Fund Raising Committee 1999 – 2007; Councillor 2002 – 2008;  Foundation life member – current

·      The Friends of the Art Gallery President 1999-2001; Councillor 1993-  2002

·      Library Board of Western Australia: 2009 – 2012; Policy & Planning  and Audit committees

·      WA Limb Service for Amputees,  Advisory Council 2004 – 2013

·      St. Bartholomew’s House for Homeless Men,  Council 1991 – 2003
(Finance 1999-2003)

·      Rotary Club East Perth, 1996 – 2008
Director of Community Services, Serjeant, President

·      Customer Service Institute of Australia, National Chairman, 1999 – 2007

·      Sir Charles Gairdner Hospital’s Art Advisory Committee, 2001 – 2004

·      Honourable Order of Kentucky Colonels, 1978
awarded by Governor of Kentucky, USA for services to that State

Brett Davies Committees  The Law Council of Australia:

*      Business Law Section Executive, 2007 – 2012 Chair Membership, 2009 – 2011; Privacy Committee Liaison 2010 – 2012

*      Australian Law Management Group, National Chair, 2001 – 2004 Committee, 1997 – 2007; Editorial 1997 – 2007

*      Legal Practice Section, Councillor 2000 – 2006, Treasurer 2004 – 2006

*      Taxation Committee (wa Chapter), 1997 – 2012

*      Young Lawyers Section, National Councillor, 1988 – 1991, Treasurer, 1991

 

The Law Society of Western Australia – Committees:

*      Graduate and Academic Standards, 2007 – 2012, Deputy Convenor 2009 – 2010, Convenor 2010 – 2012

*      Law Office Management, 1996 – 2012, Deputy Convenor, 1998 – 2012

*      Taxation, 1996 – 2012

*      ad hoc Exit Survey, 1999 – 2000
(research on why lawyers leave profession)

*      Conveyancing, 1992 – 1993

*      Corporate Lawyers, 1991 – 1992

*      Professional Conduct, 1991

*      Summer School, 1989 – 1990

*      Education, 1988 – 1990

*      Equity Advisory Group, 1988

 

Legal Practice Board of Western Australia, 2006 – 2008

*      Management Committee, 2006 – 2008

*      Professional Affairs Committee, 2008

*      Legal Practitioners Complaints Committee, 2006 – 2007

 

Fellow (Chartered Tax Adviser, CTA) Taxation Institute of Australia, 1997 – current

*      Expert Assessment Panel Member (Academic) 2016 – current

*      State Membership Committee 1999-2003; 2010 – 2012

*      State Education Committee 2001-2006, State Council 2005 – 2012

*      National Discipline Committee 2010 – 2012

*      National Membership & Services Committee 2005 – 2012

 

The University of Western Australia:

*      Convocation Council, 1988 – 1993, 2016 – current, Treasurer 2017-2018

*      President, Part Time & Mature Aged Students Association, 1986 – 1988

*      The University of WA Hall of Residence (Currie Hall), 1985 – 1989

Tutoring: Law, English & Economics
Committees: Council, Discipline, Hall

 * Law School Dean’s Circle, 2018 – current

Brett Davies Books  ·      Australian Estate Planning, CCH Code: WAESPG, Wolters Kluwer, CCH 2018 – current (dealing with fundamental areas of estate planning including superannuation, tax implications, estate planning and maximising social security benefits, life insurance, trusts, and family law implications of estates and wills relevant to accountants, financial planners and lawyers)

·      Chapter author of the Australian Financial Planning Handbook, Thomson (all 14 editions)

.     Curtin Business School, Estate Planning Unit Guide and Text Book

.    Zurich Business Succession Planning Text Book

.    Cheers, A Guide to making authentic Aussie Beer, 1976 (16 years old)

Brett Davies  Activities  ·      The Royal Commonwealth Society, Bath UK Chapter 2012 – current

·      Perth Flying Squadron Yacht Club, Member 2006 – current.
                        Honourary lawyer 2017 – current

·      The Western Australia Club and Naval & Military Club 2000 – 2015
Board 2000 – 2012; Chair of House 2004 – 2007

·      Union University & Schools Club 2006 – current

·      First group of law firms to achieve the WA Law Society Quality Practice Standard, 1997

·      Peter Newman’s Breakfast lawyer on radio station 6PR, 1994 – 1995

·      Barrister & Solicitor, Supreme Court, 1988 and High Court of Australia 1989 – current

Brett Davies

 

Adjunct Professor, Dr Brett Davies Brett Davies

Publications List

Doctorate of Juridical Science – The University of Western Australia

The thesis is entitled the Taxation Implications of Insurance in Business Succession Planning in an Australian Context—A Proposal for Reform. The international comparative thesis comments on the challenges in drafting an insurance‐funded business succession plan, particularly concerning trusts and taxation consequences. Based on taxation benchmarks, established in the thesis, and a comparison to USA and UK law, the research contends that the legislation and its implementation through the Australian Taxation Office are imperfect and ambiguous. Suggested reforms are proffered. They seek to alleviate inconsistencies and deficiencies in the current Australian taxation system and trust law to ensure greater certainty and fairness in the drafting of these commercial agreements.

The research is unique, as the current literature is comprised of single papers that examine narrow approaches to succession planning, often from the perspective of a particular law firm or insurance company. The current literature rarely challenges or considers alternatives to statements issued by the taxation regulator.

Supervisors:

• Professor George Syrota MA (Oxon), LLM (Virginia). Senior Lecturer, Law School and former Staff Editor of The University of Western Australia Law Review.
• Professor Glen Barton CTA, BLaws (Natal), LLM (South Africa), LLM (Harvard). Head, School of Business Law and Taxation, Curtin Business School, Curtin University.

Examiners:

• Professor Lynn Oats PhD, PGCE (Warwick), PGDipBus, BBus. Professor of Taxation and Accounting, University of Exeter Business School.
• Dr Keith Kendall BCom (Hons), LLB, LLM, SJD, CPA, FTIA. Senior Lecturer, Law School, La Trobe University, Victoria.
• Mr Gordon Mackenzie BSc, LLB, LLM, GradDip. Senior Lecturer, University of New South Wales.

Brett Davies Conference Presentations & Chairmanships

  • The Transferor Trust Regime, Division 6AAA, lecturer together with Professor Nolan Sharkey, The University of Western Australia LAWS5237 Advanced Australian International Taxation, 31 August 2018
  • Chair, Tax Intensive for SMEs, Crown Perth, Great Eastern Highway, Burswood, Legalwise, 20 June 2018
  • Accountants as Influencers – a brave but necessary new world, Institute of Public Accountants, State Congress, plenary, 20 March 2018, with Mark Kratochvill
  • Estate Planning and the 4 Death Duties, Institute of Public Accountants, WA Chapter, 8 March 2018
  • Taxation issues with real estate in Estate Planning, WA State Chapter, Property Club, 6 February 2018
  • Legalwise Estate Planning and Superannuation Conference, two-day Chairperson, commentator and delivery Accountants Exemption and Licensing, Perth, 28-29 October 2016
  • Legalwise Seminars Wills and Estates, Chair and Panel Member, Parmelia Hilton, Perth, 13 September 2016
  • Business Succession Planning for the busy financial planner, ANZ Financial Planning Commercial Team, South Australia, 14 July 2016
  • Accountant’s Concession for Superannuation Advice, Wealth Wise, West Leederville, WA, 1 December 2015
  • Re-organising the regulatory landscape – competition, standards, accountability and consumer protection – an International Perspective. Sharing panel with Baroness Hayter of Kentish Town, Shadow Spokesperson, Cabinet Office. Chaired by Rt Hon The Lord Hunt of Wirral, Westminster Legal Policy Forum Keynote Seminar: The future of Legal Services Regulation, London, 4 September 2014
  • Innovation in the legal services market – growth, skills and emerging business models, Panel with Lord Brennan QC, Vice-Chair, All-Party Parliamentary Group for Legal and Constitutional Affairs and Jonathan Djanogly MP et al, Westminster Legal Policy Forum Keynote Seminar, Glaziers Hall, London, 11 March 2014
  • Getting your Business Property into Superannuation for no Stamp Duty, Capital Gains Tax or Fringe Benefits Tax, RSM Bird Cameron Chartered Accountants National Partners Conference, Melbourne, 5 April 2011
  • Advanced Succession Planning Strategies with Superannuation, RSM Bird Cameron Chartered Accountants, Joondalup Country Club, 15 February 2011
  • Strategic Planning for Professional Service Firms, Adelaide Club, South Australia, 2 December 2011
  • Asset Protection for Barristers and Lawyers, Wojtowicz Kelly Legal, Perth, 17 November 2010
  • Strategic Planning for the rural Accounting Practice, Jones Middleton Bizmentor, Margaret River, 5 November 2010
  • Business Overseas – Best Practice and Best Vehicle, Law Society Office Expo, Perth, 26 October 2010
  • Advanced Asset Protection, Cambridge Street Accountants, Perth, 1 October 2010
  • Business Structures for Businesses Going Overseas, Athenaeum Club, Melbourne, 16 September 2010
  • When CRM becomes part of the Strategic Plan, Integrated Legal Holdings, Coolangatta, 10 September 2010
  • Asset Protection – New Strategies using offshore Vehicles, Queensland Club, Queensland, 9 September 2010
  • Asset Protection and Offshore structures, Commonwealth Club, Canberra, 16 June 2010

Brett Davies Publications

  • Operation of SMSFs by People who lack mental capacity or live Overseas Legalwise Taxation News 1 November 2018
  • Draft Guidelines for ATO Discretion to extend deadline to sell family home from Deceased Estate Legalwise Taxation News 13 September 2018
  • What Constitutes a Gift versus a Loan to your Child in Family Law? Legalwise Taxation News 30 August 2018
  • Uber Drivers and Workers in App-Based Companies: Independent Contractors or Employees? Legalwise Taxation News 9 August 2018
  • Can I prevent my ex-child-in-law taking my money when I dieLegalwise Taxation News 16 July 2018
  • How to Distribute to a Non-Resident Beneficiary of a Family Trust, Legalwise Taxation News 5 July 2018
  • Aussiegolfa Pty Ltd v Cmr of Taxation, case note, Australian Tax Law Bulletin Volume 4 No 4, pages 147 – 148
  • Australian Estate Planning, CCH Code: WAESPG, Wolters Kluwer, CCH 2018 – current (dealing with fundamental areas of estate planning including superannuation, tax implications, estate planning and maximising social security benefits, life insurance, trusts, and family law implications of estates and wills relevant to accountants, financial planners and lawyer (2018 – current)
  • Transitional rules to reset the cost base of assets that support pensions and TRIS in SMSFs using the proportionate method, Australian Tax Law Bulletin Volume 4 No 3 (LexisNexis) 2017, Volume 4, no 3, pages 39 – 43
  • Why the worry with Service Trusts? (with A Conway-Mortimer); Weekly Tax Bulletin 18 Feb 2011, Thomson Reuters, paragraph: 198
  • Family Trusts and ‘streaming’: life after Bamford: Weekly Tax Bulletin 28 Jan 2011, Thomson Reuters, paragraph 107
  • The Future of trust distributions post-Bamford, Financial Planning, Volume 22, Issue 11, Dec/Jan 2011, pages 15 – 17
  • Australian Financial Planning Handbook, (with JK Day et al), Chapter author, Thomson Reuters (all editions, 2005, 2008; 2009, 2010, 2012, 2014, 2016, 2017, 2018, 2019), ISSN 1448-1936 (2005 – current)
  • Gearing self-managed super funds: key changes, Financial Planning, Volume 22, Issue 10, Nov 2010, pages 36-37
  • Sure, no one likes time billing – but what are the alternatives? (with K Dunmill), Law Council of Australia, 36th Australian Legal Convention, Perth – 2009 http://www.lawcouncil.asn.au/shadomx/apps/fms/fmsdownload.cfm?file_uuid=CB52B725-1E4F-17FA-D22A-A06F1F3CCE1C&siteName=lca
  • Asset Protection for Spouses, Taxation Institute State Convention, Margaret River, 2006
  • Asset Protection and Trusts – A Strategic Approach, MLC Conference, Sydney, 2005
  • Estate Planning, Asset Protection and Self-managed Superannuation – A strategic Approach, Apogee Financial Planning, Darwin, 2005
  • Business Succession Planning – this time it is for the Accountant, The Institute of Chartered Accountants, Perth, 2004
  • Advanced Strategies on Growing a Professional Service Business, Epic Asset Management PD Day, Perth, 20 September 2002
  • Tax Reform – is there light at the end of the Tunnel, CPA Congress 2002, 16 May 2002
  • Succession Planning – an untapped market opportunity for the professional Risk Adviser, Association of Financial Advisers National Conference, Gold Coast, Queensland, 28 October 2001
  • Advanced Estate Planning Strategies for Business and Families, Associated Planners Financial Services, Sydney, 13 September 2001
  • Keeping it in the Family – Discretionary Trusts, The Law Society, 19 September 2001
  • Succession Planning Strategies, Association of Financial Advisers National Conference, Gold Coast, 29 October 2001
  • Cradle to Grave, Are you the Centre of the Universe? – A Different Vision of Strategy for the Financial Planner, Colonial Funds Management, Sydney Cricket Ground, 5 July 2001
  • Planning for Centrelink Changes, Taxation Institute, Perth, 14 June 2001
  • Tax Effective Retirement Strategies, (with P Nitschke and P Jagiello), Institute of Chartered Accountants, Perth, 12 June 2001
  • Moving your Law Firm Online, (with J Styles), Practice Management Journal, pp 15-16, May 2001
  • Identifying Business Opportunities Overseas, Aon Financial Advisers, Perth, 20 March 2001
  • Business Structures that will last the Distance (with P Nitschke), Institute of Chartered Accountants, 26 April 2001
  • International Business – Planning to Take Over the World, Financial Wisdom Conference, Singapore, June 2001
  • Zurich Business Succession Planning Text Book, Zurich Financial Services, 2002
  • Estate Planning Unit Guide and Text Book, Curtin Business School, 2001
  • Business Succession Planning Course, (2-day course) Norwich Union, Perth, August 2001
  • Tax Effective Retirement, The Institute of Chartered Accountants, Perth, July 2001
  • Business Succession Planning, Norwich Union, Perth, 2001
  • Estate Planning on an International Arena, Colonial Financial Services, Queensland, 9 February 2001
  • Customer Service for the Professions, Customer Service Excellence 1998 (with R Sinnott), pp 75-82, ISBN 0 9586 181 00
  • Computer Crime, Computer Excellence (with B Whitford et alia), Beaumont Publishing House, 1991, pp 456-458, ISBN 0646 01506