Bradley Jones SC and Norman Hanna, instructed by Dentons, successfully appeared for the respondents before the Full Court of the Federal Court of Australia in the recently decided Commissioner of Taxation v Hicks [2025] FCAFC 171.

The appeal involved the application of section 45B and Part IVA of the Income Tax Assessment Act 1936 (Cth) (ITAA) in relation to a restructure by a private group of entities. The Full Court ordered that the Commissioner’s appeal be dismissed.

This is the first time the Full Court has considered the operation of section 45B of the ITAA. It is also the first time the Full Court has considered the decision of the High Court of Australia in Commissioner of Taxation v PepsiCo Inc [2025] HCA 30.

The full decision may be read here.