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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…
19 April, 2023

Security For Costs Applications In Federal Court Class Actions

Its Eco Pty Ltd v BPS Financial Limited FCA 842 Security for costs (SFC) orders cannot usually be made against individuals, unlike corporations, in class actions in the Federal Court of Australia (the general rule). However, builders and/or their insurers should be relieved as the Federal Court of Australia (FCA)…