PropertyInvesting.com | Tate | Activity https://www.propertyinvesting.com/members/tate/activity/ Activity feed for Tate. Sun, 12 Apr 2026 21:16:27 +0000 https://buddypress.org/?v=2.8.1 en-US 30 hourly 2 2c23692378b36cac0f6e2845024d247c Tate replied to the topic Misleading Info by Agent in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4409483-misleading-info-by-agent/#post-4691902 Thu, 31 Oct 2013 07:17:22 +0000 Terryw wrote:
misleading and deceptive conduct under the Australia Consumer Law. See schedule 2 of the Competition and Consumer Act 2010

This is indeed true and has been confirmed in the NSW Court of Appeal in Statewide Developments Pty Ltd v Higgins [2011] NSWCA 35.

]]> 2c6b05e48030ef6710962ebfacace892 Tate replied to the topic Company shares held in discretionary trust in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4410159-company-shares-held-in-discretionary-trust/#post-4695653 Tue, 22 Oct 2013 09:04:03 +0000 Terryw wrote:
CGT is a commonwealth tax so no matter where it is there would be tax payable. Stamp duty is state based, in NSW you would pay 0.6% stamp duty on the transfer of the shares which would be much less than transferring title to the property. Also stamp on shares in private companies are supposed to be abolished at some time – possibly…[Read more]

]]> 2fa36ca66d85b3f686bc7a75d4dc085d Tate replied to the topic Company shares held in discretionary trust in the forum Legal & Accounting https://www.propertyinvesting.com/topic/4410159-company-shares-held-in-discretionary-trust/#post-4695651 Tue, 22 Oct 2013 04:14:46 +0000 Hi terry,

Thanks for your reply.

Regarding:

Terryw wrote:
Disposal of shares by a trust would result in CGT and stamp duty in some states. As the discretionary trust must vest then this will result in the CGT down the track too.

I am in NSW. I'm not sure if CGT and stamp duty applies.

However, if I understand the situation correctly, the…[Read more]

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