Razzy Aust v Commissioner of State Revenue
Supreme Court of Victoria
Delany J
17/03/2021
[2021] VSC 124
Stamp duty — Landholder provisions — Unit trusts — Group restructure — Superannuation funds — Joint holders of three trusts — Interests separated into two independent groups — Concurrent redemptions of units in one unit trust and subscription for units in second trust — Aggregation of interests — Whether redemption by one unit holder gave rise to a transfer to remaining unit holders — Whether hypothetical transfer of property — Whether transfer occurred ‘in connection with’ member ceasing membership of fund — Duties Act 2000 (Vic), ss 40, 89D(a)
Words and Phrases — ‘transfer’ — ‘in connection with’
Read the judgment here.