Dispute Resolution and Litigation

John Miller

Associate
John Miller

John combines extensive experience in commercial, insolvency and tax litigation with a practical understanding of the pressures clients face in dispute resolution.

John’s strategic and empathetic approach enables businesses and individuals to navigate complex proceedings, often involving the ATO or other government agencies with clarity and assurance.

Prior to joining Madgwicks, John was a Senior Litigation Lawyer with the Australian Taxation Office, where he led and managed high-value disputes ranging from multimillion-dollar matters to a declaratory relief proceeding involving a billion-dollar transaction. He also provided strategic advice on complex and emerging legal issues within the ATO.

He represents insolvency practitioners in proceedings before the Federal and Supreme Courts and regularly acts for private clients facing claims from the ATO and other creditors. John takes a particular interest in guiding clients through the pressures of financial distress, helping them manage the emotional impact of litigation while working within his professional network to achieve practical solutions.

John’s experience extends across leasing disputes, general debt recovery disputes and a broad range of insolvency matters including public examinations, preference and uncommercial transaction claims, and applications for review of insolvency practitioners’ decisions. His background as a Senior Litigation Lawyer with the Australian Taxation Office provides him with valuable insight into disputes involving government agencies.

Focus Areas

  • Advice on director penalty liabilities
  • Advice on garnishee notices
  • Advice the remission of the General Interest Charge (GIC)
  • Debt Recovery representation and advice
  • Insolvency and Reconstruction advice
  • Tax disputes and debt recovery

Notable 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.
Madgwicks Lawyers pride themselves in their skill set

Related Articles

June 25, 2025
The recent decision of Parker J of the NSW Supreme Court in FCT v Waitara Linx Pty Ltd [2025] NSWSC 581 (Waitara), serves as a timely reminder of the risks mortgagees may face when a garnishee notice is issued to a purchaser under a sale contract, potentially delaying settlement, or causing the vendor to default on its mortgage payments
March 18, 2024
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.
June 27, 2023