2026

Reconsidering Consideration – Evaluating Recent Cases and Rulings on Determining Consideration for Duty Purposes

Source: Victoria

Published Date: 30 Jul 2026

 

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Determining the consideration for a dutiable transaction is essential when calculating duty, however, this can be a complex task if taxpayers need to factor in contingent consideration, non-monetary consideration and the assumption of liabilities. Given there have been a number of recent developments impacting consideration, this session will:

  • Provide a background overview of the key authorities on consideration including Dick Smith, Lend Lease and Melton Highway
  • Evaluate the recent High Court decision in PepsiCo and the Supreme Court of Victoria decision in Alphington Developments in respect of consideration
  • Discuss the implications of an assumption of liabilities on consideration, including the impact of the recent Victorian draft ruling DA-070 – Consideration – Assumption of tax liabilities
  • Consider non-monetary consideration, including the obligation to construct improvements under Victoria’s sub-sale rules
  • Review perspectives on contingent consideration, including views contained in: 
    • NSW Revenue Ruling DUT033v2 
    • Consideration – WA Duties Fact Sheet 
    • Contingent Consideration 
    • Queensland Supreme Court decision of Resolute Mining.

Details

  • Published By: Nicholas Bradica, Rhys Cormick
  • Published On:30 Jul 2026
  • Event Name:State Taxes Convention
  • Session Name:Reconsidering Consideration – Evaluating Recent Cases and Rulings on Determining Consideration for Duty Purposes
  • Watch Time:1+ hour
  • Took place at:W Melbourne

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