Hi all,
I have a family trust, with governing law of ACT, where it has two vehicles which are in NSW. The assignment of transfer was contested in NSW magistrates court. The court found it was not a legal document, as it did not have stamp duty on the document. as the magistrate stated: section 304 duties act 123 (1997) the court cannot except a document in court, unless it has been duly stamped.
In NSW the only duty that is required, is when registering a new operator of the vehicle, there is no registered owner of the vehicle, and since the operator of the vehicle is still the same, there is no stamp duty.
How do you appeal this to either the Supreme Court, due to cross jurisdiction and the other reason was that it did not have consideration? It is my believe that a deed document does not need consideration.
I have a family trust, with governing law of ACT, where it has two vehicles which are in NSW. The assignment of transfer was contested in NSW magistrates court. The court found it was not a legal document, as it did not have stamp duty on the document. as the magistrate stated: section 304 duties act 123 (1997) the court cannot except a document in court, unless it has been duly stamped.
In NSW the only duty that is required, is when registering a new operator of the vehicle, there is no registered owner of the vehicle, and since the operator of the vehicle is still the same, there is no stamp duty.
How do you appeal this to either the Supreme Court, due to cross jurisdiction and the other reason was that it did not have consideration? It is my believe that a deed document does not need consideration.
