Andrew O’Bryan


Qualifications: LLB, BCom



Andrew provides advice on the application of a wide range of taxation.

Andrew has a substantial knowledge of taxation and commercial practice and advises his clients on income tax, capital gains tax, tax audits and reviews, fringe benefits tax, business structuring and transactions, liquidations and reconstructions, superannuation, retirement planning, business succession estate planning, and philanthropy.

Andrew advises accounting and legal firms on their clients’ affairs. He also draws clients from industry, commerce and high-net-worth private family groups. One of his main interests is advising private business owners on the transition of management and control of family businesses to the next generation.

Andrew has been recognised in the The Best Lawyers in Australia in Tax Law every year since 2014 and is a recommended tax lawyer in Victoria in Doyle’s Guide to the Australian Legal Profession.

He is a regular presenter for CPA Australia, The Tax Institute and the Television Education Network. He is also a contributor to The Tax Institute’s journal, ‘Taxation in Australia’, CPA Australia’s ‘In the Black’ magazine and Thomson Reuters’ Weekly Tax Bulletin.

Andrew is a Fellow of CPA Australia and Chairman of its Taxation Centre of Excellence. As a member of the Taxation Centre of Excellence, Andrew represents CPA Australia on a variety of consultative groups including the Australian Taxation Office’s National Tax Liaison Group.

Andrew is also an Associate of the Institute of Chartered Accountants and a Chartered Tax Adviser of The Tax Institute.

Andrew is on the board of the Planet Wheeler Foundation and a trustee of the Shepherd Foundation.


  • Advising IOOF Holdings Ltd on the establishment of a performance rights plan to ensure various investment advisers who were part of newly-acquired dealer groups were retained and incentivised through tax-effective equity grants. Our team provided tax structuring advice to ensure that the grant of equity to advisers was on a tax-deferred basis and we provided IOOF with wording for the tax disclosures in the prospectus prepared and lodged with ASIC.
  • Acting for Hanbury Holdings Pty Ltd in a taxation dispute against the Australian Taxation Office in regard to issues of taxation in demergers.
  • Acting for Roy Morgan Research in a High Court dispute with The Commissioner of Taxation and The Attorney-General of the Commonwealth of Australia in relation to an employer’s liability to pay the superannuation guarantee charge (SGC). This was an important case that considered whether it was constitutional for the Government to use its taxing power to impose the SGC obligation on employers.
  • Assisting a related party of IOOF with the acquisition of four financial planning businesses and the security holder arrangements to apply to the combined businesses after the acquisitions. Advising on M&A in relation to distribution network, including the acquisition of Avenue Group and transfer of the Avenue platform arrangements to IOOF. Providing ongoing compliance advice across entire financial services offering including funds, platforms, and adviser groups.

Latest thinking

Thinking | 11 Sep 2019

Talking Tax – Issue 169

This week in Talking Tax we look at the availability of the Foreign Income Tax Offset for capital gains that are excluded from the taxpayer’s assessable income by the 50% CGT discount. We also consider a case dealing with the confidentiality provisions contained in Division 355 of the Tax Administration Act 1953 (Cth) and a Federal Court decision concerning the availability of Input Tax Credits and decreasing luxury car tax adjustments.