Joey Borensztajn AM has over 40 years’ experience in commercial and taxation law. He is a commercial lawyer with an extensive private client practice and has a deep knowledge of taxation, trusts, philanthropy and charitable giving, and estate and business succession planning.
Joey has a quiet, understated approach, which belies his very achievement-focused practice. He has an outstanding rapport with clients who seek him out for his vast commercial experience and skills in taxation law, including tax advice, planning, audit and dispute work. Joey’s commercial practice also involves structuring, business and company acquisitions and sales and joint ventures. He has been a partner of Arnold Bloch Leibler since 1991.
Joey is recognised as a notable practitioner for his expertise in charities and private wealth law by the prominent international guide to law firms, Chambers Asia Pacific and Chambers High-net-worth. He has also been listed as a recommended lawyer for tax in Legal 500 Asia Pacific, and in Best Lawyers® International for corporate law. Sources say he “delivers his advice straight and crisp”.
Arnold Bloch Leibler represents, a diverse group of charitable and not-for-profit organisations that are active in the cultural, health, welfare, religious, Indigenous and environmental sectors, and advises on all aspects of their establishment, access to available tax concessions and day-to-day operations. The firm is widely regarded as being one of the foremost law firms in relation to Private and Public Ancillary Funds – Joey and his team have helped the firm’s clients establish over 100 Australian Tax Office (ATO) approved Private and Public Ancillary Funds.
As part of the 2019 Queen’s Birthday Honours List, Joey was appointed as a Member in the General Division of the Order of Australia (AM). He was recognised for significant service to the community through a diverse group of charitable and not-for-profit organisations. The Order of Australia is the pre-eminent means by which Australia recognises the outstanding and meritorious service of its citizens.
“Joey Borensztajn protects my interests like they were his own.”
Joey’s practice focuses on the following areas:
- commercial and corporate law, including acquisitions, sales, joint ventures and governance issues and corporate and trust structuring and restructuring
- taxation, stamp duty and land tax issues
- strategic planning and the structuring and implementation of appropriate business and investment vehicles, including trusts and advising on and documenting shareholder, unitholder and joint venture agreements
- private clients, estate, tax and trusts planning
- business succession planning, including asset and business succession and control, succession documentation for trusts and companies, and family and governance agreements and constitutions, and
- philanthropy and charitable giving, including establishment of special purpose philanthropic entities and private and public ancillary funds (PAFs).
Joey has acted for clients in a range of matters including:
Business succession and estate planning
high-net-worth individuals and families: in relation to:
tax, trusts and estate planning
asset and business succession and control
succession documentation for trusts and companies, and
family and governance agreements and constitutions.
- high-net-worth individuals and families: in relation to ATO tax audits, including advising on, negotiating and settling large cases and high wealth audits
- various clients: in relation to tax structuring and planning advice, including obtaining private rulings on proposed transactions from the ATO and effective structuring of transactions to minimise adverse tax consequences
- various not-for-profit clients: in relation to applications for income tax exempt and deductable gift recipient status and in relation to the establishment of Private Ancillary Funds (PAFs) and Public Ancillary Fund (PuAFs), and
- education and sporting organisations: in relation to taxation, structuring and other corporate advice.
Corporate and commercial law
- commercial property owners: in relation to enquiries by the State Revenue Office aimed at the grouping or aggregation of client entities or the application of various land tax exemptions and the land rich provisions for land tax purposes
- various clients: in relation to acquisitions, sales, joint ventures and governance issues and corporate and trust structuring and restructuring, and
- various clients: in relation to strategic planning and the structuring and implementation of appropriate business and investment vehicles, including trusts and advising on and documenting shareholder, unitholder and joint venture agreements.
Joey is a member of the Not-for-profit Stewardship Group for the Australian Taxation Office. He is also actively involved in a number of community based and not-for-profit organisations, and currently holds the following positions:
- Director, Collingwood Football Club Foundation Limited
- Life member and Director, Mount Scopus College Foundation Limited
- Director, Jewish Holocaust Centre Foundation Limited
- President, Australian Friends of Yad Vashem Inc
- Director, Australian Foundation for Yad Vashem Limited
- Director, Access Foundation Limited
- Director, Australian Medical Robotics Academy Limited
- Director of a number of clients PAFs