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Monthly Archives

June 2023

9 June, 2023

GST on the supply of real property – A reminder

This is a reminder that goods and services tax (GST) does not only apply to the purchase price of real property but also settlement adjustments. Under s9.5 of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (GST Act), consideration includes: any payment, or any act or forbearance, in…
1 June, 2023

Clawback of incentives remains an issue

The clawback of incentives and their enforceability remains a live issue with the courts treating clawback clauses as a penalty in certain circumstances.  This was recently reinforced in Alamdo Holdings Pty Ltd v Croc’s Franchising Pty Ltd (No 2) NSWSC 60 (Alamdo). In the context of commercial leasing, consideration should be given…