John McLaren

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John McLarenPosition

Assistant Professor in Law

Academic and Professional Qualifications

  • Bachelor of Laws (University of Tasmania), 1979
  • Master of Business Administration (Monash University), 1990
  • Master of Laws (Monash University), 1995,
  • Doctor of Philosophy (RMIT University), 2011
  • Barrister and Solicitor, High Court of Australia
  • Member of the Australasian Tax Teachers Association


Past University Experience

  • Central Queensland University – 2008 - 2010
  • RMIT University – 2003 – 2008


Past Professional Experience

John has had many years experience as a Barrister and Solicitor in private practice in the ACT and NSW, Australia. The legal practice handled a wide range of commercial law and litigation matters for small to medium corporations. He then held a senior management positions with the ANZ Bank Limited in their Tax-Effective Finance area involved with investment by the bank in leveraged leases. Prior to joining RMIT in 2003 as a tenured lecturer, he was engaged in taxation consulting in his own Company for medium to large
corporations and high wealth individuals.


Publications

Books

  • John Williams and John McLaren, 2004, Law of Investments, Thomson/Law Book Company, Sydney ISBN 0455219575
  • John Mclaren and Melissa Simpson, 2006, Taxation and Company Law Case Book, Pearsons, Sydney, ISBN 0733978010
  • John McLaren, Melissa Simpson and Mary Toohey, 2008, Law of Investments 2nd Edition, Thomson/Law Book Company, Sydney ISBN 9780455224268
  • Cynthia Coleman, Geoffrey Hart, Sunita Jogarajan, Richard Krever, John McLaren and Kerrie Sadiq, Taxation Law in Principle, 2008, Thomson/Law Book Company, Sydney ISBN 9780864604712
  • Cynthia Coleman, Geoffrey Hart, Sunita Jogarajan, Richard Krever, John McLaren and Kerrie Sadiq, Taxation Law in Principle, 2009, Thomson/Law Book Company, Sydney ISBN 9780864606112
  • Cynthia Coleman, Geoffrey Hart, Brett Bondfield, Margaret McKerchar, John McLaren, Kerrie Sadiq and Antony Ting, Australian Tax Analysis: Cases, Commentary, Commercial Applications and Questions, 2009, Seventh Edition, Thomson/Law Book Company ISBN 9780455226750.
  • Cynthia Coleman, Rami Hanegbi, Geoffrey Hart, Sunita Jogarajan, Richard Krever, John McLaren, Wes Obst and Kerrie Sadiq, Principles of Taxation Law, 2010, Thomson/Law Book Company, Sydney ISBN 9780864606471
  • Cynthia Coleman, Rami Hanegbi, Geoffrey Hart, Sunita Jogarajan, Richard Krever, John McLaren, Wes Obst and Kerrie Sadiq, Principles of Taxation Law, 2011, Thomson/Law Book Company, Sydney ISBN 9780864606914
  • Cynthia Coleman, Geoffrey Hart, Brett Bondfield, Margaret McKerchar, John McLaren, Kerrie Sadiq and Antony Ting, Australian Tax Analysis: Cases, Commentary, Commercial Applications and Questions, 2011, Eighth Edition, Thomson/Law Book Company ISBN 9780864607089.
  • Completed two chapters in the new edition of Andrew Terry and Des Giugni, Business and the Law, 2009, Cengage Publishing, ISBN 9780170178181


Refereed Journals

  • John McLaren, ‘The Tax Offset for Entrepreneurs – A Critical review of the 25% Tax Offset Concession for Small Business’ (2006) 2(1) Journal of the Australasian Tax Teachers Association, 107.
  • John McLaren, ‘The Distinction between Tax Avoidance and Tax Evasion has become Blurred in Australia: Why has it happened? (2008) 3(2) Journal of the Australasian Tax Teachers Association, 141.
  • John McLaren, ‘The OECD’s “harmful tax competition” project: is it international law?’ (2009) 24(3) Australian Tax Forum 423.
  • John McLaren, ‘Should the International Income of an Australian Resident be Taxed on a Worldwide or Territorial Basis?’ (2009) 4(1) Journal of the Australasian Tax Teachers Association 71.
  • John McLaren, ‘Exchange of Information Agreements with Tax Havens: How Will this Affect the Rights of Non-Resident Taxpayers and Investors? ’ (2010) 5(1) Journal of the Australasian Tax Teachers Association 117.
  • John McLaren and John Passant, ‘Tax Havens: Do they have a future providing banking and financial services?’ (2010) 1Canberra Law Review


Non-Refereed Journals

  • John McLaren, ‘The 25 per cent entrepreneurs’ tax offset’ Commercial Law Journal Volume 1 Issue 1 February 2006.
  • John McLaren, ‘A review of the law designed to deter the ‘promotion of tax exploitation schemes’, Commercial Law Journal Volume 1 Issue 2, July 2006.
  • John McLaren, ‘The new Taxation Concessions for Non-Residents: Does this mean Australia is a ‘Tax Haven’?’ Commercial Law Journal Volume 1 Issue 3, December 2006.
  • John McLaren, ‘What does the future hold for Pacific Tax Havens: a critical review of the campaign being mounted against these small nations by the Australian Government and the OECD?’ in Conciliation Et Reconciliation Strategies Dans Le Pacific, Tome 1, 2007, 167. ISBN 9782296051898.
  • John McLaren, ‘Simplified Superannuation: A Briefing’ Commercial Law Journal Volume 21 Issue July 2007.
  • John McLaren, ‘Dividend Imputation - The Implications for the Corporate Strategies of Australian banks’
    Maxim, the Journal of the MBA Alumni Association, 1990, Monash University.


Book Reviews

  • Review of Commercial Law in Principle by Andrew Gibson, Commercial Law Journal Vol.1 Issue 1, February 2006
  • Review of Equity in Commercial Law by Simone Degeling, and James Edelman, Commercial Law Journal Vol.1 Issue 1, February 2006
  • Review of Australian Income Tax Cases, Celeste Black and Rick Krever, 2006, Lawbook Co, Commercial Law Journal Vol.1 Issue 2, June 2006
  • Review of Business & The Law, Andrew Terry and Des Giugni, 4th Ed, Nelson Thomson Learning, Commercial Law Journal Vol.1 Issue 3, December 2006
  • Review of ‘Daniel Khoury and Yvonne Yamouni, Understanding Contract Law, 7th Ed, LexisNexis/Butterworths, Commercial Law Journal Vol.2 Issue 1, July 2007


Conference Papers

  • John McLaren, ‘A critical review of the 25 per cent tax offset for entrepreneurs’, Australasian Tax Teachers Association Conference, Melbourne, January 2006.
  • John McLaren, ‘What does the future hold for Pacific Tax Havens: a critical review of the campaign being mounted against these small nations by the Australian Government and the OECD?’ Le Havre University (France), Groupe de Recherche Identités et Cultures, International Conference, December 8-9th, 2006
  • John McLaren, ‘Has the distinction between Tax Avoidance and Tax Evasion become blurred: is this simplification or is there another agenda?’  Australasian Tax Teachers Association Conference, Brisbane, January 2007.
  • John McLaren, ‘The OECD and its campaign against harmful tax competition: Is this international law?’  Australasian Tax Teachers Association Conference, Hobart, January 2008.
  • John McLaren, ‘Should the international income of an Australian resident be taxed on a worldwide or territorial basis? Australasian Tax Teachers Association Conference, Christchurch, January 2009.
  • John McLaren, ‘Exchange of Information Agreements with Tax havens: How will this affect the Rights of Non-Resident taxpayers and Investors? Australasian Tax Teachers Association Conference, Sydney, January 2010.
  • John McLaren, ‘Australia has had a ‘Petroleum Resource Rent Tax’ since 1987: Why the concern about a proposed ‘Mineral Resource Rent Tax’? Australasian Tax Teachers Association Conference, Melbourne, January 2011.

Lectures and Seminars

  • Law Teaching Fellow at the University of Le Havre, France to lecture on the legal system in Australia and Australian Commercial Law, November 2005, December 2006 and December 2007.
  • Presented a seminar on the Anti-Money Laundering and Counter Terrorism Financing Bill and its implications for professional advisers and privacy law. 28 June 2006 at RMIT University, with Professor Margaret Jackson, School of Accounting and Law.