The introduction of the GST in 2000 brought with it changes to the way in which many transactions, especially the sale of land and businesses, were handled.  LPLC’s GST hotline has helped many practitioners work through the complexities of GST and as a result we have had only a modest number of claims arising out of GST mistakes.

The claims LPLC sees usually occur in relation to the sale of commercial or new residential land or the sale of businesses.  The mistakes come about for a variety of reasons, often because the right information is not obtained from the parties about GST registration status or because of a lack of understanding of how the GST rules apply.

The material in this section helps explain why claims have occurred and answers some FAQs about how GST works.


27 March 2018

In Check Issue 78 | March 2018

Cyber fraud – it can happen to you No firm is immune from cyber-criminals and their fake emails. We are seeing an increase in attempts to steal money by hackers masquerading as either the client or the lawyer in fake emails. Below is a summary of two of our recent notifications. The law firm duped […]

12 December 2017

In Check Issue 77 | December 2017

Thorne v Kennedy on financial agreements The recent High Court case of Thorne v Kennedy [2017] HCA 49 further illustrates why family law financial agreements are fraught with risk. In that case, Kiefel CJ, Bell, Gageler, Keane and Edelman JJ held two substantially identical financial agreements voidable due to undue influence and unconscionable conduct. Nettle […]

7 December 2016

In Check Issue 73 | December 2016

Table of contentsCyber risk awareness for lawyers and clientsPPS – Raising awareness – how accurate is your registration?Termination of contract noticesA new GST checklistA new risk managerCommon GST questionBook now for our 2017 Risk Management SeminarsLaw Institute Journal articlesOffice closure over Christmas and New Year Cyber risk awareness for lawyers and clients We regularly hear […]

28 September 2016

In Check Issue 72 | September 2016

Table of contentsClarifying some CGT withholding issuesPriority notices to commence in December 2016Unfair contract terms protection extended to small businessCommon GST question2016 Risk Management SeminarsLaw Institute Journal articles Clarifying some CGT withholding issues If you missed LPLC’s three recent bulletins about the new CGT withholding regime you can read them here. As our bulletins explain, the new regime […]

27 June 2016

In Check Issue 71 | June 2016

Table of contentsUrgent bulletin for conveyancing practitioners: 1 July new CGT withholding payments for real property sale of $2M or moreA further stamp duty increase for foreign purchasersChanges to lodging fees from 1 July 2016Changes to the Power of Attorney Act 2014Badenach v Calvert – the final chapterNew page for new firms on LPLC websiteCommon […]

4 September 2015

Nomination woes – GST, foreign investment and stamp duty

Look before you leap is an old age adage that is well suited to the situation where a client informs their practitioner that they want to nominate. LPLC has seen a number of claims where a practitioner has failed to fully advise a client about the consequences of nominating. In one claim a practitioner was […]

17 December 2012

Common GST Hotline queries

Q: My client owns and is about to auction a vacant block of residential land and is registered for GST. The proceeds will be used in the client’s general business operations. Is GST exempt because it is residential land? A: Vacant land can never be considered to be residential premises. So, in the case of […]

16 December 2012

Duties Online System

The LPLC has recently received queries from practitioners in relation to the State Revenue Office’s Duties Online System and the agreement that practitioners are asked to sign in order to use the system. Last year LPLC had discussions with the State Revenue Office in relation to the limitation of liability and indemnity clauses at 8.4 […]

2 June 2010

GST: Subjective test for ‘use as residential accommodation’

Whether or not the sale of a property is considered to be the supply of residential premises to be used predominantly for residential accommodation was confirmed to be a subjective test by Perram J in Sanchen Pty Ltd v Commissioner of Taxation [2010] FCA 21. Perram J noted that while he thought the wording of the relevant section (section 40.65(1) A […]

24 April 2018

Key Risk Checklist: GST

GST is not simple but there are some easy steps you can take to help protect you and your clients. References to divisions and sections can be found in A New Tax System (Goods and Services Tax) Act 1999 (Cwlth). GST alert – for contracts entered into from 1 July 2018, purchaser to collect and […]

11 May 2017

Know your limits

Table of contentsIntroductionLessons from the claimsTime limits most commonly missedClaims examples Introduction With the proliferation of time limits in legislation today missing limitation dates is a mistake that occurs in many areas of the law. The reasons for missing time limits are varied as are the potential repercussions. Sometimes it is a lack of knowledge […]