Camilleri and Camilleri

The parties to this proceeding were the applicants, Mr and Mrs Camilleri, and the respondent, the Commissioner of Stamp Duties. The dispute concerned the assessment of stamp duty on a transfer of land. The matter came before the Supreme Court of Queensland.

The primary legal issue before the Court was whether the transfer of land from the Camilleris to a company they controlled, Camilleri Holdings Pty Ltd, constituted a dutiable transaction under the *Duties Act 2001* (Qld). Specifically, the Court had to determine if the transfer was exempt from stamp duty under provisions relating to transfers between related parties.

The Court reasoned that the definition of "related parties" in the *Duties Act 2001* required a consideration of the beneficial ownership of the shares in the company. In this instance, the Camilleris were the sole shareholders and directors of Camilleri Holdings Pty Ltd. The Court found that the transfer of land to the company, where the transferors were also the beneficial owners of the company, fell within the exemption for transfers between related parties. The Court applied the principle that the legislation should be interpreted to give effect to its intended purpose, which in this case was to avoid double taxation on transactions where there was no effective change in beneficial ownership.

The Court ordered that stamp duty was not payable on the transfer of land.