Chris Peadon was Junior Counsel for YWCA Australia (led by Mark Richmond SC and instructed by Norton Rose Fulbright) in its successful appeal against stamp duty assessments in excess of $3 million consequent upon the merger of its member organisations in 2018.
Much of YWCA’s activity is directed towards relieving and assisting women and children at risk of homelessness due a range of factors including family violence, social disadvantage, and the complex range of circumstances that contribute to financial stress, and displacement and isolation in modern society.
The same Counsel team acted for the Salvation Army in its earlier successful appeal for exemption from stamp duty.
The case turned on whether YWCA used its resources predominantly for one or both of relief of poverty and promotion of education.
The reasons of the Court explore and explain the evolving modern concept of relief of poverty and promotion of education and confirm that both are broad concepts.
This is good news for charitable organisations seeking exemption from stamp duty on acquisitions of real property and other dutiable property.
