Lye, Jane

Jane is an outstanding government lawyer, leader and mentor. A highly effective operator, Jane leads our National Tax Team and manages the conduct of high-profile legal matters for the Commonwealth. She has more than 15 years of experience with AGS, acting for the Commonwealth in applications, trials and appeals brought before the courts, including the High Court.

She has worked extensively on tax litigation since 2010 and has specialist expertise in commercial trials and judicial review matters. She has acted for the Great Barrier Reef Marine Park Authority in a number of matters, such as defending a challenge brought by Queensland Nickel to the inclusion of Halifax Bay in the Park and successfully managed the claim brought by the Commonwealth following the grounding of the vessel, the Shen Neng 1, in the Great Barrier Reef Marine Park causing substantial damage to the coral and marine environment. She is currently leading a litigation team representing the Commonwealth on a class action PFAS claim concerning Wreck Bay.

Jane is the current chair of the South Queensland committee of the Australian Government Leadership Network. She is also an accredited trainer and designs and presents legal seminars on administrative law matters. She was a finalist in the ‘In-house Lawyer of the Year’ award in the Lawyers Weekly Women in Law Awards in 2017.

Relevant experience

Jane’s relevant experience includes:

• managing the claim brought by the Commonwealth following the grounding of the vessel, the Shen Neng 1, on the Great Barrier Reef – Commonwealth of Australia v Shenzhen Energy Transport Co Ltd (No 4) [2016] FCA 143 (24 February 2016)
• running the successful High Court appeal by the Commissioner of Taxation on whether directions made by Supreme Court of Queensland pursuant to s 96 of Trusts Act 1973 (Q) were binding against the Commissioner in the application of taxation laws – Federal Commissioner of Taxation v Thomas; Federal Commissioner of Taxation v Martin Andrew Pty Ltd; Federal Commissioner of Taxation v Thomas Nominees Pty Ltd; Federal Commissioner of Taxation v Thomas [2018] HCA 31 (8 August 2018)
• acting in Glencore Investment Pty Limited v Commissioner of Taxation, a transfer pricing dispute relating to sale arrangements for copper concentrate.

Qualifications

Bachelor of Laws, University of Queensland, 1992
Graduate Diploma of Legal Practice, Australian National University, 1993
Bachelor of Economics, University of Queensland, 1998

Recognition

Finalist in the Lawyers Weekly Women in Law Awards ‘In-house Lawyer of the Year’ award, 2017