King & Wood Mallesons

Asia-Pacific 100 position: 3

Suppliers beware: Supreme Court of Victoria strikes out 'uncertain' GST clause

On 19 September 2013, the Supreme Court of Victoria in Cityrose Trading Pty Ltd v Booth [2013] VSC 504 found that a GST clause in a contract for the sale of land was ‘void for uncertainty’. The decision underscores the importance of carefully drafting GST clauses.

The court’s decision focused on how a GST clause can be void for uncertainty and also considered associated issues in relation to misleading and deceptive conduct…

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Level 61, Governor Phillip Tower
1 Farrer Place
NSW 2000

Jurisdiction: PRC/Australia
No. of offices: 20
No. of qualified lawyers: 1,252