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Landholder duty - complex, confusing and often counterintuitive paper

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DisclaimerThis material is copyright. Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 21 May 15 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

This paper covers:

  • interests in land - right, power or privilege
  • tenant’s fixtures and landholder duty
  • just and reasonable.

Author profile

Cullen Smythe CTA
Cullen Smythe, CTA, is a partner at KPMG in the Deals Tax team. He has more than 30 years experience as a professional advisor specialising in State taxes, including almost a decade as the Commissioner of State Revenue for NSW. His experience covers all Australian jurisdictions and spans M&A, property, financial services, infrastructure, mining and energy and government revenue administration as well as the Australian implications of international restructures and cross border transactions. He is a solicitor of the Supreme Court of NSW, a member of the New York State Bar, the Texas State Bar and Texas Bar College. - Current at 16 March 2026
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