See s.30 of the Duties Act. 90 ATC 5046, the Victorian Full Supreme Court was asked to decide whether the provisions in the Victorian Stamps Act 1958 relating to partitions applied only where the land subject of the partition was one whole parcel or contiguous parcels. As a result of this decision questions have been raised about the manner in which the equivalent provisions in the New South Wales Stamp Duties Act 1920 are administered in circumstances similar to those in Christian's case. A valuation of each parcel of land subject of the partition is required to enable assessment of duty.
Any amount paid or agreed to be paid for equality is deemed to be consideration for such conveyance.
An example of how duty is assessed on an unequal partition of land is set out hereunder. A and B jointly own two properties which they partition so that they each take one property. No amount is paid for equality.