This was a matter concerning the Duties Act 2000 which was heard by the Supreme Court of Victoria. A decision was handed down on 20 November 2007 in favour of the taxpayer.
The issue in this matter concerned s.7(1)(a) in particular, the meaning of the term 'transfer' as well as s.7(1)(b)(vi) of the Duties Act 2000.
The Commissioner has decided against an appeal but considers that the decision is confined to its material facts. Comparable transactions will be treated individually and on their merits, including consideration of anti-avoidance provisions. A legislative response to the decision is also being considered.
