This matter concerned eight proceedings challenging assessments made under the Duties Act 2000 (Vic) (the Act). The primary question for determination was whether the consideration for transfers of land included various amounts paid or payable by one of the appellants to Vic Urban in respect of infrastructure and construction works pursuant to the contractual arrangements governing the development of land in the Docklands area of Melbourne.
In a judgment delivered on 27 March 2012, the Supreme Court held in favour of the Commissioner in all eight matters, finding that the respective transfers of land were conditional upon the additional payments being made, so that their sum total was the “consideration for” the dutiable transactions under s20(1) of the Act.
