This paper explores the different approaches and implications for the taxation aspects of trade and investment relations between Australia and its tax treaty partners.

This paper argues that there are important questions of law that arise from the Glencore Case appeal decision that would warrant the seeking of special leave to appeal to the High Court.

The important and contentious Glencore Case breaks new ground in the application of Australia’s transfer pricing rules to an integrated global business, particularly in framing how the rules take into account business and market risks impacting on such a business.

The recent decision by the Full Federal Court in Chevron Australia Holdings Pty Ltd v Commissioner of Taxation [2017] FCAFC 62 is a watershed, not only in Australia but internationally. It provides important insights into how the arm’s length principle takes account of the economic, market and business conditions in which a multinational has to...