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Agenda
8.15
Registration and Coffee
8.55
Opening by Chair, Joanne Seve, Solicitor and State
Taxes Consultant
State Revenue Commentary from:
Anthony Johnston, Tax Commissioner, NSW Office of State Revenue
Peter Johnson, Principal Advisory Officer, NSW Office of State Revenue
Vasko Nastevski, Senior Policy Specialist, Policy and Legislation Branch, State Revenue Office Victoria
George Duvcevski, Manager, Land Rich Unit, State Revenue Office Victoria
State Revenue Commentary from:
Anthony Johnston, Tax Commissioner, NSW Office of State Revenue
Peter Johnson, Principal Advisory Officer, NSW Office of State Revenue
Vasko Nastevski, Senior Policy Specialist, Policy and Legislation Branch, State Revenue Office Victoria
George Duvcevski, Manager, Land Rich Unit, State Revenue Office Victoria
9.00
Securing Land Whilst Identifying / Organising
End Purchaser
The Potential for Multiple Duty
Peter Green, Partner, Mallesons Stephen Jaques
Glynn Gill, Legal Consultant, Mallesons Stephen Jaques
The Potential for Multiple Duty
- Options
- Pre-emptive Rights
- Contract cancellations and Subsales
- Nominees
- Imminent Public Trusts
- Imminent Wholesale Trusts
- Start up Period
Peter Green, Partner, Mallesons Stephen Jaques
Glynn Gill, Legal Consultant, Mallesons Stephen Jaques
10.30
Coffee
10.50
Changes to Legislation - Actual, Announced
and Advocated
Mono Ray, Partner, PricewaterhouseCoopers
- Changes WA; NSW; SA; ACT; QLD; VIC; NT & TAS [Property Council Submission - Response from States]
Mono Ray, Partner, PricewaterhouseCoopers
11.50
Case Review Part I
Cases include:
Michael Perez, Partner, Allens Arthur Robinson
Katrina Parkyn, Senior Associate - Tax, Allens Arthur Robinson
Cases include:
- Trust Company of Australia Ltd (atf the Clayton 3 Trust) v Commissioner of State Revenue [2007] VSC 451
- Trust Company Ltd v Commissioner of State Revenue [2007] NSWCA 255
- Origin Energy Power Limited v Commissioner of State Revenue [2207] WASAT 302
Michael Perez, Partner, Allens Arthur Robinson
Katrina Parkyn, Senior Associate - Tax, Allens Arthur Robinson
12.30
Lunch
2.00
Case Review Part II Continued
Michael Perez, Partner, Allens Arthur Robinson
Katrina Parkyn, Senior Associate - Tax, Allens Arthur Robinson
Michael Perez, Partner, Allens Arthur Robinson
Katrina Parkyn, Senior Associate - Tax, Allens Arthur Robinson
3.00
Additions To and Subtractions From the Value
of Land
What is taken into account or excluded in calculating duty?
Scott Grimley, Partner, Stamp Duty, Ernst and Young
What is taken into account or excluded in calculating duty?
- Improvements - Bambro
- Off the Plan concessions
- Fixtures/Non Fixtures - Origin Energy and Alcan
- Definitions of land
- Statutory Provisions Dealing with Ownership separate from land
- Goods in conjunction with land
- Attribution of value of Goodwill
Scott Grimley, Partner, Stamp Duty, Ernst and Young
4.30
Open Forum
Joanne Seve, Solicitor and State Taxes Consultant
Mono Ray, Partner, PricewaterhouseCoopers
John Loxton, Partner, Clayton Utz
Joanne Seve, Solicitor and State Taxes Consultant
Mono Ray, Partner, PricewaterhouseCoopers
John Loxton, Partner, Clayton Utz
5.00
Closing remarks from the Chair
5.10
Networking drinks reception
7.00
Official Symposium Dinner
Wolfies, 7 Circular Quay West
The Rocks, Sydney
Dinner price included in conference ticket.
Wolfies, 7 Circular Quay West
The Rocks, Sydney
Dinner price included in conference ticket.
8.15
Registration and Coffee
8.55
Opening by Chair, Peter Green, Partner,
Mallesons Stephen Jaques
State Revenue Commentary from: Anthony Johnston, Tax Commissioner, NSW Office of State Revenue
Peter Johnson, Principal Advisory Officer, NSW Office of State Revenue
Vasko Nastevski, Senior Policy Specialist, Policy and Legislation Branch, State Revenue Office Victoria
George Duvcevski, Manager, Land Rich Unit, State Revenue Office Victoria
State Revenue Commentary from: Anthony Johnston, Tax Commissioner, NSW Office of State Revenue
Peter Johnson, Principal Advisory Officer, NSW Office of State Revenue
Vasko Nastevski, Senior Policy Specialist, Policy and Legislation Branch, State Revenue Office Victoria
George Duvcevski, Manager, Land Rich Unit, State Revenue Office Victoria
9.00
Selling Indirect Interests in Land
Steve Stevens, Partner, Freehills
Jinny Chaimungkalanont, Senior Associate, Freehills
- Landholding companies and trusts
- Tracing - Land (and goods (WA))
- Aggregation of transactions
- Partnerships
- Custodians and unincorporated syndicates
Steve Stevens, Partner, Freehills
Jinny Chaimungkalanont, Senior Associate, Freehills
10.20
Coffee
10.40
Preparation for and Conduct of Stamp
Duties Litigation
Mark Robertson, Barrister at Law, Queensland and NSW Bar
- Objection Statement of Grounds
- Notice of Determination of Objection
- Application for review Forum
- Administrative Law proceedings
- Costs
- Declaration/Appeals
- Expert Reports Valuers; Engineering Reports re fixtures
Mark Robertson, Barrister at Law, Queensland and NSW Bar
12.00
Operation of Duties Act in Victoria
Tim Grace, Barrister at Law, Victorian Bar
- Contracts of sale and leases
- Property developments and the sub-sale provisions
- Section 7(1)(b)(vi) when it applies
- Aggregation
- Attribution of goodwill to land
- Land rich duty: Section 89C
- Land rich duty: Change of control: section 79(5)
- Land rich provisions: Options
- Land rich duty: section 85(1)
- Application of Dick Smith decision by SRO: "Consideration"
Tim Grace, Barrister at Law, Victorian Bar
12.45
Lunch
2.00
Workshop Problems
Peter Green, Partner, Mallesons Stephen Jaques
- As set out by Peter Green
Peter Green, Partner, Mallesons Stephen Jaques
3.45
Workshop Report
4.30
Closing remarks from the Chair
4.40
End of Symposium
