Landholder duty issues for Hybrid Unit Trusts highlighted by Victory International Pty Ltd v Commissioner of State Revenue [2025] VSC 484

The case of Connelly (liquidator) v Papadopoulos, in the matter of TSK QLD Pty Ltd (in liq) (TSK) [2024] FCA 888 provides important insights into the serious implications for directors and officers of companies and professional advisers involved in the restructuring of companies when later found to be asset-stripping schemes. When restructuring, companies must conduct thorough due diligence and plan for a smooth transition to mitigate operational risks.

The New South Wales Supreme Court has reconvened for a second time, this time addressing the implications of a lost trust deed.  This decision highlights the crucial responsibility of trustees to properly preserve trust deed documents, not only to maintain the trust’s validity but also to prevent adverse outcomes, such as taxation or duties.

Australia is recognised for its reputation as an open, stable, globally connected economy. With its close connections across the Tasman, it’s no surprise that New Zealand businesses often making the move to expand their operations within Australia.

Australia is recognised for its reputation as an open, stable, globally connected economy. It’s no surprise that foreign businesses are making the move to expand their operations within Australia.

Australia is recognised for its reputation as an open, stable, globally connected economy. It’s no surprise that foreign businesses are making the move to expand their operations within Australia.

Transfer of property due to a change of trustee

This ruling from the New South Wales Civil and Administrative Tribunal (the Tribunal) serves as an important reminder for ensuring that discretionary trust deeds are appropriately amended to prevent the activation of "foreign" land transfer (stamp) duty and land tax surcharges

From 1 July 2024, a new state taxes regime commences for certain commercial and industrial properties. Upfront land transfer (stamp) duty will be phased out in lieu of a new annualised Commercial and Industrial Property Tax (New Tax).